For a typical work injury to be compensable under the Workers' Compensation Act, the claimant bears the burden of proving that "an injury by accident" arose "out of and in the course of [their] employment," and both of these "independent and distinct criteria" must be satisfied. O.C.G.A. § 34-9-1(4); Mayor and Alderman of the City of Savannah v. Stevens, 278 Ga. 166 (1) (2004). "In the course of the employment" has been defined as relating to the "time, place, and circumstances under which the accident takes place, and an accident arises… ... Continue Reading
To the victor goes the spoliation? Best practices for eDiscovery and the preservation of electronically stored information
eDiscovery is the procedure by which parties involved in litigation preserve, collect, review, and exchange information in electronic formats in order to use that information as evidence. Unlike taking a deposition or attending a hearing, eDiscovery is not a single action, but a series of linked actions which begin prior to the commencement of litigation and continue until the electronic information is presented at trial (if the case gets that far). ... Continue Reading
As many defense attorneys, claims adjusters, and employers can attest, the current law governing the return to work process when an employee is released to light duty is onerous and subject to manipulation by the employee and his attorney. ... Continue Reading
At the right bold age of 100, Grandma passed peacefully in her sleep. A "citizen of the world" (but with her sole residence located in Cobb County in the State of Georgia) she lived a long and happy life and is survived by her dozens of children, grandchildren, great-grandchildren, and a very grumpy cat. ... Continue Reading
In Georgia, when an occupational disease claim is compensable under the Act, O.C.G.A §34-9-284 places sole liability on the employer and its' insurance carrier, if any, where the employee was last injuriously exposed to the hazards of the disease. The Act excludes any right of contribution from any prior employer or insurance carrier. ... 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