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Last Injurious Exposure in Workers' Compensation Asbestos Claims in Georgia

September 30, 2019 BY Robert Hardeman | Workers Compensation

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

Workers' Compensation Claimants and Incarceration: Before, After, and Way After Conviction

September 30, 2019 BY Jasmine Saenz | Workers Compensation

Workers' compensation claims and injuries do not exist in a vacuum; they affect real people who often have real problems outside of their work injury. ... Continue Reading

One's Company, Two's A Crowd, and Three's Liability: O.C.G.A. § 34-9-2(a)(2) After Wills v. Clay County

July 12, 2019 BY Peter Skaliy | Workers Compensation

The State of Georgia has made even the smallest of small businesses subject to the Workers' Compensation Act. The general rule dictating whether an employer is subject to the Workers' Compensation Act is outlined in O.C.G.A. § 34-9-2(a)(2). Specifically, this statute reads in relevant part, "[t]his chapter shall not apply to... any person, firm, or private corporation, including any public service corporation, that has regularly in service less than three employees in the same business within this state, unless such employees and employers voluntarily elect to be bound[.]" As a practical matter, this statute is not regularly used as a defense because an employer that has workers' compensation insurance in Georgia elects to be bound by the Workers' Compensation Act. ... Continue Reading

Dual Coverage for Workers' Compensation Insurance Under a Voluntary Policy and Assigned Risk Plan in Georgia

May 31, 2019 BY Nirav Patel | Workers Compensation

Georgia employers are required by law to retain workers' compensation insurance if they employ three or more full time, part time, or seasonal employees. This is an arduous endeavor, however, as several employers are unable to obtain workers' compensation coverage in the standard insurance market. Fortunately, every state provides employers an opportunity to acquire workers' compensation insurance through a Workers' Compensation Assigned Risk Plan, Pool, or Residual Market. ... Continue Reading

A Drug Free Workplace

January 31, 2019 BY Earl King | Workers Compensation

Recreational marijuana is now legal in more states than ever before. Medical marijuana has been legalized in the state of Georgia for individuals with specific ailments. This may mean that a percentage of the workforce is impaired on the job. ... 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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