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OSHA Launches COVID-19 National Emphasis Program, Protecting High-Risk Workers and Prioritizing Onsite Inspections

March 25, 2021 BY Neil Brunetz | Workers Compensation

On March 12, 2021, in response to a presidential executive order, OSHA issued Directive 2021-01 (CPL-03), establishing a National Emphasis Program (NEP) for COVID-19. With this latest directive, OSHA is spotlighting employers' response to COVID-19 and appropriate workplace protections for employees. ... Continue Reading

AWW-CALCULATION CLARIFICATION

February 08, 2021 BY Robert Freyre | Workers Compensation

Workers compensation benefits in Georgia are awarded on a weekly basis to compensate an injured worker for lost future earnings resulting from an on the job injury. To establish the amount of weekly compensation an injured worker is entitled to be paid a determination of the employee's average weekly wage has to be made. In Georgia the primary basis for computing the average weekly wage will, in most cases, be the wages earned by the employee during the thirteen weeks immediately preceding the injury date. ... Continue Reading

The Impact of Ownership, Control, and Maintenance on the Compensability of Parking Lot Injuries

February 08, 2021 BY Paul Wildes | Workers Compensation

In 2019, the Georgia Court of Appeals revisited the question of whether an injury that occurs in a parking while an employee is on his/her way to or from work is compensable under the Georgia Workers' Compensation Act if the parking lot is neither owned, controlled, nor maintained by the Employer. In Smith v. Camarena, 835 S.E.2d 712 (Ga. Ct. App. 2019), an employee of a grocery store was fatally shot during a robbery that occurred while she was speaking to a co-worker in the parking lot on her way to her car after work. It was established as fact by the trial court that the employee had clocked out and was speaking with her co-worker about personal issues at the time of the accident. Like her employer's customers, the employee parked her car in the communal parking lot where she was shot, which was maintained by the employer/grocery store's landlord. ... Continue Reading

Scheduled Breaks: Time to 'Frett' About Compensability

November 05, 2020 BY Belinda Be | Workers Compensation

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

COVID-19: Does the CARES Act have an impact?

August 31, 2020 BY Marsha Ambroise | Workers Compensation

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

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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