The affirmative defense of willful misconduct has seen several dramatic changes in the last few years, with decisions from the Georgia Court of Appeals and now the Georgia Supreme Court. ... Continue Reading
One of the first considerations for defense attorneys on receipt of a new lawsuit filed in a Georgia state court is the venue where it is pending and what, if anything, the defense can do about it. ... Continue Reading
If a law enforcement officer sustains an alleged work-related injury while "on-duty" for the law enforcement agency, the compensability is analyzed in the same manner as any alleged work-related injury. ... Continue Reading
An all too typical scenario- an insurer receives notice of a lawsuit filed against its insured. Coverage is questioned but the answer due date approaches. Should the insurer hire defense counsel? Send a reservation of rights? Disclaim coverage? Under two Georgia Supreme Court cases, the timing and decision could cost the insurer its rights to disclaim coverage. ... Continue Reading
One thing that makes workers' compensation unique relative to other fields of law is how quickly cases move. Georgia's workers' compensation system is designed so that cases, and issues within those cases, move through the system quickly. This attribute contributes to the greater purpose of the entire system: to help claimant's recover from their injuries and get back to work as safely and quickly as possible. ... Continue Reading
The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved.
H. Michael Bagley