(a)An employer shall complete an injury report upon timely notice of an injury in accordance with this chapter. An employer who refuses to complete and submit an injury report form after timely notice of an injury by an employee pursuant to this chapter shall provide notice in writing of its findings of fact that support its decision. An employee may challenge the employer’s decision pursuant to the dispute resolution provisions of this section.
(b)(1) The employer’s executive officer or the board shall refer any dispute that arises under this chapter between an employee and employer or between an employee and a TPA contracted with or established under this chapter to the review board.
(2)Notwithstanding subdivision (1), if an employee, employer, or TPA requests a hearing officer, the di
Free access — add to your briefcase to read the full text and ask questions with AI
(a) An employer shall complete an injury report upon timely notice of an injury in accordance with this chapter. An employer who refuses to complete and submit an injury report form after timely notice of an injury by an employee pursuant to this chapter shall provide notice in writing of its findings of fact that support its decision. An employee may challenge the employer’s decision pursuant to the dispute resolution provisions of this section.
(b)(1) The employer’s executive officer or the board shall refer any dispute that arises under this chapter between an employee and employer or between an employee and a TPA contracted with or established under this chapter to the review board.
(2) Notwithstanding subdivision (1), if an employee, employer, or TPA requests a hearing officer, the dispute shall be referred to and adjudicated by a hearing officer appointed from the panel of neutrals maintained by the Executive Director of the Alabama State Bar Association pursuant to subdivision (3). The hearing officer shall be selected using the process provided in subdivision (3).
(3) The Alabama State Bar shall create and maintain a roster of attorneys with significant experience in workers’ compensation disputes. Upon a request pursuant to subdivision (2), the Executive Director of the Alabama State Bar, on a random and rotating basis, shall select a panel of five from the roster and send the names to the parties. The parties may select a hearing officer from the panel. If the parties cannot agree, the parties shall select the hearing officer by a process of alternating strikes in which the employee shall be provided the first strike and the employer the last strike. No deference is to be provided to either party and the Alabama Rules of Evidence shall apply in hearings before the hearing officer.
(4) The decision of the hearing officer may be appealed to the Circuit Court of Montgomery County. The court shall review any decision pursuant to Section 41-22-20. Review by the court shall be limited to the record on appeal and shall not include a trial de novo. In reviewing pure findings of fact, the finding of the hearing officer shall not be reversed if that finding is supported by substantial evidence. The cost of transcript preparation shall initially be paid by the appealing party; such cost shall thereafter be taxed against the losing party in the circuit court.
(5) The statute of limitations for a dispute under this subsection is two years from the date of the injury, the date of last diagnosis for occupational disease, or the date of the last temporary total disability payment.
(c) The decision of the review board or hearing officer shall be based on a preponderance of the evidence as contained in the record of the hearing except in cases involving injuries which have resulted from gradual deterioration or cumulative physical stress disorders, which shall be deemed compensable only upon a finding of clear and convincing proof that the injuries arose out of and in the course of the employee’s employment. For the purposes of this subsection, “clear and convincing” means evidence that, when weighed against evidence in opposition, will produce in the mind of the trier of fact a firm conviction as to each essential element of the claim and a high probability as to the correctness of the conclusion. Proof by clear and convincing evidence requires a level of proof greater than a preponderance of the evidence or the substantial weight of the evidence, but less than beyond a reasonable doubt.
(d) The Alabama Rules of Civil Procedure shall govern the methods of discovery before a hearing officer, except that the following limitations to pre-hearing discovery shall apply:
(1) Two depositions for each side shall be permitted without leave of the hearing officer. No additional depositions shall be permitted except with leave of court for good cause shown, including, but not limited to, a claim by the employee for permanent total disability.
(2) Notwithstanding subdivision (1), each party may take the deposition of every other party.
(3) No more than 25 interrogatories, with each subpart to be considered a question, shall be permitted without leave of the hearing officer for good cause shown.
(4) Copies of records obtained by one party shall be furnished to the other party by digital or electronic means not less than 21 days prior to the hearing, unless the party offering the records can establish unusual circumstances justifying admission of the records.
(5) The party not offering the records of treatment by a physician or other medical provider shall have the right to depose the physician or medical provider whose records of treatment are to be offered by any other party.
(e) The review board or hearing officer may award a legal fee of up to 15 percent of the compensation awarded in a contested case. This amount is discretionary and will only be awarded if requested by legal counsel for the employee and agreed to by the employee. The award shall be deducted from compensation otherwise payable to the employee pursuant to rules adopted by the board.