Episode 6 - Alabama Workers’ Comp Constitutional Challenges

Episode 6 of Straight Outta Workers’ Comp features Donald Rhea, partner at The Rhea Firm (plaintiff counsel), and Mike Fish, Partner at Fish Nelson & Holden (defense counsel). They are collegial combatants in the battle over the constitutionality of workers’ compensation in Alabama. Interestingly, the primary driver is to get the attention of stakeholders – especially the legislature – to address the unfairness of the maximum weekly wage ($220) and attorney contingency fees (15%) not being increased since 1987. The group talked about other issues of fairness and equitability and how that works in the judicial and regulatory environment. The non-severability of the Act, which means that if ANY part of the Act is ruled unconstitutional then the entire Act is, was purposeful to heighten the stakes because that would destroy the entire industry and go back to the “dark ages” of pre-WC. Donald made clear that the constitutional challenges will continue until they capture the attention of a committee of interested parties to initiate much-needed reforms. This conversation is a clarion call for the insurance industry to start this overdue discussion.