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To Accept or Deny: That is the Question (Factors to Consider)

May 29, 2020 BY Thomas Cauthen | Workers Compensation

Employers, human resources professionals, claims representatives, and their attorneys have much to consider upon receiving notice of an alleged on-the-job injury. There are many factors to examine during the initial investigation of the claim before the decision to accept or deny the claim should be reached. This article will discuss several of these considerations in detail with the goal of providing some suggestions as to possible avenues of investigation prior to the acceptance or denial of the claim. ... Continue Reading

Shifting the Burden to the Employee: The Case for Statutory Change in the WC-240 Process

November 29, 2019 BY Thomas Cauthen | Workers Compensation

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

The Court of Appeals Chips Away at the Idiopathic Defense

October 05, 2018 BY Thomas Cauthen | Workers Compensation

When the law surrounding the idiopathic defense to on-the-job injuries is so often misunderstood, misconstrued, and misapplied by judges and lawyers, it can be very difficult for the average claims adjuster or employer to make heads or tails of the idiopathic defense, what it means, and when it applies. The Georgia Court of Appeals recently attempted to provide some clarity in this morass of conflicting decisions and legal theories. In doing so, the Court chipped away at the scope of the idiopathic defense by its ruling in Cartersville City Schools v. Johnson 345 Ga. App. 290, 812 S.E.2d 605 (2018). ... Continue Reading

Charting a New Course for Pain Management in the Workers' Compensation Arena

September 28, 2017 BY Thomas Cauthen | Workers Compensation

As the reverberations of the opioid crisis are being felt around the country, Chairman Frank McKay of the Georgia State Board of Workers' Compensation has vowed to address the over-prescription and abuse of these Schedule II narcotics in the workers' compensation setting. ... Continue Reading

The Georgia Supreme Court Gives Teeth to Statutes of Limitation

October 18, 2016 BY Thomas Cauthen | Workers Compensation

A recent Georgia Supreme Court decision, Roseburg Forest Products Company v. Barnes, has far reaching implications for Employers and Insurers when evaluating catastrophic claims... ... 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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