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The Summit Club continued from page 25 “Last Injurious Exposure Rule:” Extends a ORF vs. NAS Special Invitation one of the plaintiff ’s treating physicians wrote that the plain- tiff had completely healed before the subsequent injury, and another physician stated that the second acute tear, whether it was a retear or not, appeared to be a new injury.35 Such evi- to Members of the dence, therefore, supported a conclusion that the second injury Birmingham Bar was to be treated separately from a compensable standpoint, A Member of the Association!ClubCorp Family and the employer was required to continue paying benefi ts.36 CONCLUSION Join the Summit Club and contribute to the Birmingham Bar Obviously, the most compelling evidence in a “last injuri- Foundation! As members of the Birmingham Bar, you are invited to ous exposure rule” case is going to come from the authorized join the Summit Club for an exclusive $50.00 application fee in lieu treating physician, which testimony should be highlighted by of the current $750.00 initiation fee. Th e $50.00 application fee will be the plaintiff ’s own testimony and medical records. In order provided to the Birmingham Bar Foundation as a tax-free contribution to successfully argue a new injury or aggravation, the case law from you. Th ese preferred memberships are limited, and are available to appears to require one or more of the following: you through December 21st. Th e Summit Club will provide you with a - a defi nite, second injury; “warm welcome,” and as a special incentive, 50% off A la Carte dining in - additional fi ndings on diagnostic tests; 2013 if you join prior to December 15, 2012! - increased and/or diff erent symptoms or complaints; Membership in Th e Summit Club provides you with value and - a return to work without diffi culty performing the regu- benefi ts: lar job; •  Th e Club quarters include a NEW Member restaurant and bar, - a subsequent injury that is dis- LEVEL 31-featuring local fresh fl avors and incredible views of abling. the Birmingham skyline; Th e fewer the above factors in a •  Business features including complimentary wifi , iPads and video case, the less likely it will be for the conferencing; appellate courts to fi nd a prepon- •  Versatility to host all day private, personal and corporate meetings; derance of the evidence in favor of •  Signature Experience for all Members, including Concierge ser- a new injury or aggravation and re- vices, Dine & Dash menu, & Happy Hour; verse a trial court’s ruling. G •  Best breakfast in town-Monday-Friday, 7:00am-9:30am for only Contributor Jennifer Pickett $5.95; (Endnotes) 11. Id. at 598. 24. Id. at 1104. •  Privileged access to ClubCorp’s worldwide network of over 170 1. Kohler Co. v. Miller, 12. Id. at 604. 25. Id. at 1105-06. 921 So. 2d 436, 13. Id. 26. Id. at 1106. business and country clubs; 444-445 (Ala. Civ. 14. 68 So. 3d 155, 27. 608 So. 2d 1379, •  Robust calendar of programs: speakers series, wine/culinary, edu- App. 2005) (internal 156 (Ala. Civ. App. 1381 (Ala. Civ. citations omitted). 2010). App. 1992). cation, networking and social mixers; 2. 642 So. 2d 712, 713 15. Id. at 157. 28. Id. (Ala. Civ. App. 1994). 16. Id. 29. Id. at 1382. •  Upgraded levels of membership which off er complimentary golf 3. Id. 17. Id. at 157-58. 30. Id. at 1383. and dining when traveling; 4. Id. at 714. 18. Id. at 158. 31. Id. 5. Id. at 714-15. 19. Id. at 160. 32. 56 So. 3d 659, Please consider this special invitation and contact Membership 6. Id. at 715. 20. Id. at 161. 660-61 (Ala. Civ. Director, Jayme E. Rotch at 205.252.0088, ext. 237, or jayme.rotch@ 7. 33 So. 3d 592, 596 21. 64 So. 3d 1101, App. 2010). ourclub.com to visit Th e Summit Club or to ask for more information. (Ala. Civ. App. 2008). 1102 (Ala. Civ. 33. Id. at 661-62. 8. Id. App. 2010). 34. Id. at 667. Th is special off er is provided only to members of the Birmingham Bar 9. Id. at 597. 22. Id. at 1103. 35. Id. at 668. Association, and we hope that you and your fi rm will fi nd it useful. 10. Id. at 597-98. 23. Id. at 1103-04. 36. Id. at 669. 26 Birmingham Bar Association


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