The Doctrine of Res Ipsa Loquitor and its Application to Personal Injury Cases
Even those with a cursory knowledge of the legal system understand that evidence is crucial to any case. But what most people do not know is that the absence of evidence can be just as important. O.C.G.A § 24-14-9 provides that “[i]n arriving at a verdict, the jury, from facts provide, and sometimes from the absence of counter evidence, may infer the existence of other facts reasonably and logically consequent on those proved.” (Emphasis added). One particular application of this principle is the Georgia doctrine of “res ipsa loquitur,” meaning “the thing speaks for itself.”
By: Katherine Barton
The Unilateral Suspension of Benefits in Workers’ Compensation– A Refresher on the All-Important Role of the “Return to Baseline” Opinion from the Authorized Treating Physician
Following an employer’s commencement of weekly benefits to a claimant in connection with a “compensable” work injury, the Workers’ Compensation Act describes some of the limited scenarios which permit the employer to subsequently and unilaterally suspend such benefits without a hearing before an Administrative Law Judge. Collectively, O.C.G.A. § 34-9-221, O.C.G.A. § 34-9-240.
By: Dan Cauley
WC-240 Overview: A Step-by-Step Guide to the Light-Duty Job Process
Unlike articles that require scrolling through pages of advertisements before getting to the three easy steps to completing a home improvement project, the three-step WC-240 process— the statutory process to offer a claimant a light-duty job—will first be explained. We will then discuss the impact of attempting (or not attempting) the job, an outline of the hearing regarding a claimant’s refusal to perform the light-duty job, and the benefits of using the light-duty job process.
By: Robert Wright
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