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Three Reasons Insurers Should Hire A Law Firm to Handle Annual Workers' compensation Audit Premium Recovery Process

February 08, 2021 BY Paul Burke | Collections Law

Workers' compensation audits determine the final cost of a workers' compensation policy and can often result in the issuance of an adjusted final bill ranging anywhere from $2,000.00 to $100,000.00 (or more). For many business owners, the audit process is mysterious and intimidating. For carriers, the results of these necessary audits often include angry insureds, millions of dollars in unpaid audit premiums, and canceled policies. ... Continue Reading

The Impact of Ownership, Control, and Maintenance on the Compensability of Parking Lot Injuries

February 08, 2021 BY Paul Wildes | Workers Compensation

In 2019, the Georgia Court of Appeals revisited the question of whether an injury that occurs in a parking while an employee is on his/her way to or from work is compensable under the Georgia Workers' Compensation Act if the parking lot is neither owned, controlled, nor maintained by the Employer. In Smith v. Camarena, 835 S.E.2d 712 (Ga. Ct. App. 2019), an employee of a grocery store was fatally shot during a robbery that occurred while she was speaking to a co-worker in the parking lot on her way to her car after work. It was established as fact by the trial court that the employee had clocked out and was speaking with her co-worker about personal issues at the time of the accident. Like her employer's customers, the employee parked her car in the communal parking lot where she was shot, which was maintained by the employer/grocery store's landlord. ... Continue Reading

Safety Dance: Georgia COVID-19 Pandemic Business Safety Act

November 05, 2020 BY Lara Ortega | General

On August 5, 2020, Georgia became the ninth state to enact legislation aimed at protecting businesses from liability related to COVID-19 transmission. Codified at O.C.G.A. ยง 51-16-1, et seq., the Georgia COVID-19 Pandemic Business Safety Act states that entities, individuals, healthcare providers, and healthcare facilities cannot be held liable for deaths related to COVID-19 transmission, infection, exposure, or potential exposure, unless a plaintiff is able to prove gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm. ... Continue Reading

CAN'T TRUST THIS: CONSEQUENCES OF BAD CONTRACTS

November 05, 2020 BY Roberto Bazzani | Commercial Law

Contracts are a part of our daily lives. We sign financing documents to purchase cars and leases to rent apartments. We are handed thick stacks of paper to review when deciding to invest in seemingly great business opportunities. But few carefully read any of these documents, and almost no one reads the boilerplate language at the end of these documents. This is a mistake. All too often the person sitting across from us at the "deal table" is more concerned with closing the deal or meeting a monthly sales quota, or even unloading a business that is losing money, than with telling you the whole truth about the deal. ... Continue Reading

Sticking Points: An Analysis of Georgia Federal Courts' Recent Daubert Rulings in First-Party Property Cases

November 05, 2020 BY Mary Alice Jasperse | First Party Insurance Law

Rulings on Daubert motions should not be underestimated: a favorable ruling can provide confidence and credibility while an unfavorable ruling can undermine any possibility of success at trial. By taking note of recent rulings on motions to exclude, first-party property insurers can prepare more effective motions to exclude and coach their own experts on issues that may arise. ... 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. 

Editorial Board:

H. Michael Bagley
(Editor-in-chief)

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