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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. ยง 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

Subcontracting in the Construction Industry and Who is Responsible for the Injured Employee?

November 30, 2018 BY Ryan Hathcock | Workers Compensation

General contractors obtain the services of subcontractors as a common business practice to help construction projects become completed more efficiently. Often, these subcontractors are more capable of performing the specialized work, and in many ways, the construction industry is a subcontractor-driven industry. The addition of subcontractors to a construction project brings additional workers hired by each subcontractor. In the event a subcontractor's employee is injured in the performance of the work at the construction site, a question arises of who may be held responsible for payment of workers' compensation benefits for those injuries. ... Continue Reading

Answering the Opposition to Charitable Light Duty Work

November 30, 2018 BY Kayla Chen | Workers Compensation

With increasing regularity, our practice continues to encounter employers who utilize transitional charitable light-duty placement when they are unable to accommodate injured workers' work restrictions. However, as a natural evolution there is also an increasing opposition to this practice. Perhaps naively, I find myself wondering; "What's the big deal; it's just charity work?" To me it would seem that the injured worker is getting paid, they are getting out of the house, and they are serving their own communities. ... 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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