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The Intoxication Defense – A Shifting Tide At The Board?

July 04, 2006 BY Def Admin | General

When an employee tests positive for marijuana or a controlled substance following an on-the-job injury, many employers and insurers likely believe that it will be relatively easy to escape responsibility for indemnity benefits and medical benefits. ... Continue Reading

Medical Malpractice Claim Cannot Be Renewed If A Defective Affidavit Is Attached To The Original Complaint

July 03, 2006 BY Def Admin | General

If a plaintiff files his/her first claim with a defective affidavit and dismisses it before Defendant has the opportunity to move for dismissal on the merits, then it appears that plaintiff cannot thereafter renew that exact claim under the renewal statute. ... Continue Reading

Martines V. Worley & Sons Construction: Clarifying What Constitutes Unjustifiable Refusal Of Suitable Light-Duty Involving Undocumented Workers

July 02, 2006 BY Def Admin | General

While the recent decision of Martines v. Worley & Sons reiterated the principal that an employee's refusal to accept suitable light-duty employment following a work-related injury must be based upon a physical inability and/or lack of skill to perform the proffered job, the Court of Appeals further elaborated upon this principle within the context of undocumented workers. ... Continue Reading

Cogsa Limitations In Georgia

July 01, 2006 BY Paul Burke | General

The Carriage of Goods by Sea Act (COGSA), among its many provisions, provides a limitation of liability for damage to cargo. Specifically, COGSA allows a limitation of $500 per package for losses to cargo ... 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

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