JOURNAL VOLUME 34 NO. 198
Compensability of Covid-19 Claims
Georgia case law has long established that “arising out of” and “in the course of employment” are two separate requirements. An injury “arises out of” the employment when a reasonable person, after considering the circumstances of the employment, would perceive a causal connection between the conditions under which the employee must work and the resulting injury. Hennly v. Richardson, 264 Ga. 355 (1994). An injury occurs “in the course of” employment when it “occurs within the period of the employment, , at a place where the employee may be in performance of her duties and while she is fulfilling or doing something incidental to those duties.” Id. Notably, unlike the Occupational Disease statute, under § 34-9-1(4), claimants are not required to prove the precise time and place of their COVID-19 contraction ,but rather, they are allowed to offer circumstantial evidence that their infection arose out of and in the course and scope of employment. Ideal Mutual Ins. Co. v. Ray, 92 Ga. App. 273 (1955). Given the much lower burden of proof under the Occupational Injury statue, the vast majority of COVID-19 claims will likely be brought under this theory of compensability. In the first published Georgia Award concerning the compensability of COVID-19 claims, Roper v. Jasper County (2020-109005), that is exactly what occurred. Roper v. Jasper County involved a claim for death benefits by a dependent spouse after a records technician at the Jasper County Jail died from complications of COVID-19 on October 5th, 2020
By: Hunter Garrett
Quackery and Junk Science: What it is, Why it Matters, and How to Spot it.
Quackery has been around since civilized society began. The term “quack” is often used to describe a person who misrepresents the physical condition of his patient, the reasonableness or efficacy of his “medical” treatment, or his education, training, and skill in diagnosing and treating the medical condition at issue.
By: Melody Kiella
What is a Georgia Statutory Power of Attorney?
Regardless of age or financial status, everyone can benefit from having a power of attorney. A Georgia Statutory Power of Attorney allows you to name someone you trust as the manager of your finances for your benefit if you are unable to manage your assets yourself. A Georgia Statutory Power of Attorney can be effective immediately or can become effective only if you are incapacitated (called springing).
By: Madalyn Davis
Piercing the Corporate Veil
Many large companies, small businesses and individual investors alike often utilize simple entity structures to protect their assets from potential future litigation. Such structures are comprised of limited partnerships (LPs), limited liability companies (LLCs), or corporations. Often, the personal liability protection aspects of these structures are touted without regard to how easily such afforded protections can be destroyed and this veil of protection can be pierced.
By: Bennett Secrest
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