Georgia State Board of Workers' Compensation Rule 203(e) provides in pertinent part as follows: "[m]edical expenses shall include but are not limited to the reasonable cost of travel between the employee's home and the place of examination or treatment or physical therapy, or the pharmacy." The Rule goes on to provide that an employer/insurer shall pay the claimant at a rate of 40 cents per mile when the travel to and from authorized medical treatment is by private vehicle. However, Board Rule 203(e) has also been interpreted to require employer/insurers to provide transportation for claimants to get to and from medical appointments in certain situations. ... Continue Reading
Sleep Apnea: What Is It? Why Should You Be Concerned? And How Can You Defend Against A Claim That Your Driver's Sleep Apnea Caused The Accident?
The Greek term "apnea" literally means without breath. Obstructive sleep apnea, the more common of the two types of sleep apnea, is a syndrome characterized by sleep-disordered breathing that causes brief interruptions of breathing during sleep. Studies have linked driver fatigue resulting from sleep apnea to decreases in a driver's reaction time, information processing, and decision making. Studies funded by the Federal Motor Carrier Safety Administration ("FMCSA") have found that almost one-third, or 28%, of tractor trailer drivers have mild to severe sleep apnea and that 7% of accidents caused by tractor trailer drivers resulted because the driver fell asleep behind the wheel. ... Continue Reading
Preservation of documents and tangible evidence relating to an alleged injury is essential when defending a lawsuit. Everything from policies and procedures to work logs and surveillance footage could potentially be discoverable when defending a claim. Navigating the fine line between preserving evidence based upon notice of a claim and destroying evidence in the normal course of business is tricky at best. Recently, Georgia law determining whether a party had notice of a claim in terms of spoliation of evidence was just expanded by the Georgia Supreme Court. ... Continue Reading
The recent decision reached by the Georgia Supreme Court in the case of Marta v. Reid greatly helped in interpreting and providing guidance in the application of the two year statute of limitations pursuant to O.C.G.A. § 34-9-104(b). However, yet another challenge to the two year statute of limitations under O.C.G.A. § 34-9-104(b) has been brought before the State Board of Workers' Compensation. ... 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