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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

Requests for Medical Treatment in Workers' Compensation

January 31, 2019 BY Dana Schwartzenfeld | Workers Compensation

Let's consider the simplest possible workers' compensation scenario. An employee is injured on the job. There is a clear incident. There are several witnesses. The incident is immediately reported to the employee's supervisor, and an incident report is completed. The employee takes and passes a drug screen. ... Continue Reading

Best Practices for Handling Liability Claims Involving Medicare

November 30, 2018 BY Whitney Lay Greene | Workers Compensation

Overview of the Medicare Secondary Payer Act (MSPA) Until 1980, Medicare was the primary payer for all medical services covered by Medicare except those covered by Worker's Compensation. The MSPA was created in 1980 to attempt to shift costs from Medicare to other private payers. 42 U.S.C. § 1395y (1980). Pursuant to the MSPA, Medicare is the "secondary payer" to insurance plans and programs for individuals covered through (among other things) auto and other liability insurance or no-fault liability insurance. Id. ... 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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