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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 WC-104: Strict Compliance Is Key

September 03, 2015 BY Thomas Cauthen | Appellate

The WC-104 is a favored tool of employers and insurers that is utilized in order to reduce the indemnity exposure in a claim and as a bargaining chip to induce settlement. ... 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

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