The Supreme Court of Georgia recently overruled the long-held "scheduled break exception" in Frett v. State Farm Employee Workers' Compensation, 844 S.E.2d 749 (2020). Historically, Georgia courts determined, under the scheduled break exception, or scheduled lunch-break exception, that an injury sustained during an employee's scheduled break while at work was not compensable because, during a scheduled break, the employee is pursuing an individual affair. See Ocean Accident & Guarantee Corporation et al. v. Farr, 180 Ga. 266, 178 S.E. 728 (1935). ... Continue Reading
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security ("CARES") Act was signed into law as a response to the COVID-19 pandemic in the United States. The CARES Act is an economic relief package that expands unemployment insurance benefits and other relief for individuals and small businesses affected by the economic downturn. One of the particular provisions of the CARES Act is the Federal Pandemic Unemployment Compensation ("FPUC") program. This program provides money to individuals who are unemployed. ... Continue Reading
As one of the fast-rising stars for Alternative Dispute Resolution (ADR) in Georgia, mediations have become a popular practice for issue resolution and settlement in cases ranging from multimillion-dollar contract disputes to custody determinations. However, with many courts, law firms, and several other legal entities facing strict restrictions and closures due to COVID-19, no one could have predicted the call to action placed on mediators to revive cases that otherwise would face indeterminable delays in a time of normalized social-distancing and postponed court dates. ... Continue Reading
Finding the Usual Suspects - Death Benefits Stemming from Third Party Criminal Action Against Employee
When employers are faced with the unexpected death of an employee, they may be held liable under the Georgia Workers Compensation Act. However, for this to occur, the employee's death must result from an accident "arising out of and in the course of employment." Although the claimant bears the burden of proof to establish that the employee for whom they are claiming benefits did in fact die in the course of his or her employment, there exists a presumption that the death meets the criteria for coverage under workers compensation, if the death is unexplained and if the employee is found in a place where he might reasonably have been expected to be in the performance of his duties. Code, § 114-101 et seq. ... Continue Reading
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
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