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
Timely Disclosure of Expert Witnesses in the United States District Court for the Northern District of Georgia
The local rules for the Federal District Court for the Northern District of Georgia may provide a basis for the exclusion of a proposed expert disclosed by a plaintiff after the close of discovery. The Federal Rules of Civil Procedure set forth and govern the procedures in all civil actions and proceedings in the United States district courts with the goal of to secure the just, speedy, and inexpensive determination of every action and proceeding. Fed. R. Civ. P. 1. Federal District Courts are permitted to adopt local rules that are binding on litigants and not inconsistent with the Federal Rule or other statutes. Fed. R. Civ. P. 83. Cohen v. Carnival Cruise Lines, Inc., 782 F.2d 923 (11th Cir.1986). In general, the federal rules require that experts be disclosed at least 90 days before trial or a case is to be ready for trial. Fed. R. Civ. P. 26(a)(2)(D). However, some courts do not set a trial date until after the close of discovery, making compliance impossible. ... Continue Reading
Three Reasons Insurers Should Hire A Law Firm to Handle Annual Workers' compensation Audit Premium Recovery Process
Workers' compensation audits determine the final cost of a workers' compensation policy and can often result in the issuance of an adjusted final bill ranging anywhere from $2,000.00 to $100,000.00 (or more). For many business owners, the audit process is mysterious and intimidating. For carriers, the results of these necessary audits often include angry insureds, millions of dollars in unpaid audit premiums, and canceled policies. ... Continue Reading
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
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