Change of Condition vs. Fictional New Injury: A review of AZ Atlanta et al. v. Surge Staffing, LLC, et. al.
The Workers' Compensation Act is most successful in its application when an injured worker receives all necessary and related medical treatment needed to return the employee back to his pre-injury state that allows him to pursue gainful employment. Ideally, the employee's condition is restored so far as he is capable of performing the same pre-injury work duties for the same employer. ... Continue Reading
General contractors obtain the services of subcontractors as a common business practice to help construction projects become completed more efficiently. Often, these subcontractors are more capable of performing the specialized work, and in many ways, the construction industry is a subcontractor-driven industry. The addition of subcontractors to a construction project brings additional workers hired by each subcontractor. In the event a subcontractor's employee is injured in the performance of the work at the construction site, a question arises of who may be held responsible for payment of workers' compensation benefits for those injuries. ... Continue Reading
An Attempt to Break-Even: A Review of O.C.G.A. § 34-9-11.1, an Employer/Insurer's subrogation rights, and the ability to recover for benefits paid to an injured employee
Following an injury arising out of and in the course of employment, Georgia's workers' compensation laws require an employer/insurer to pay workers' compensation benefits to any employee regardless of who may be at fault for the employee's injury. ... 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