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
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
On December 20, 2019, President Trump signed into law the SECURE Act. Short for "Setting Every Community Up for Retirement Enhancement," the new law has sweeping, long-term implications for beneficiaries of and contributors to retirement accounts. ... Continue Reading
For a typical work injury to be compensable under the Workers' Compensation Act, the claimant bears the burden of proving that "an injury by accident" arose "out of and in the course of [their] employment," and both of these "independent and distinct criteria" must be satisfied. O.C.G.A. § 34-9-1(4); Mayor and Alderman of the City of Savannah v. Stevens, 278 Ga. 166 (1) (2004). "In the course of the employment" has been defined as relating to the "time, place, and circumstances under which the accident takes place, and an accident arises… ... Continue Reading
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 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