Written discovery is a fundamental part of the litigation process and one that most individuals involved in a lawsuit will encounter. While drafting these responses is routine for attorneys, it can feel unfamiliar and time-consuming for individuals who have never been involved in a lawsuit. This guide is intended to offer practical tips to help navigate the process, particularly for those facing it for the first time. Typically, written discovery responses consist of three main types: requests for admissions, interrogatories, and requests for production of documents. Each serves a different purpose, and your role in responding is important to ensure your defense is as strong ... Continue Reading
Workers’ Compensation Case Law Update: “In Prominent Places”
Maintaining a Panel of Physicians in compliance with O.C.G.A. § 34-9-201 is among the most important steps an Employer/Insurer can take to mitigate their workers’ compensation claim exposure in Georgia. Strict compliance with the entire statute is required, but the reward for doing so is maintaining control over authorized medical treatment. If one of the requirements is not met, however, employees are not bound by the panel and are entitled to designate the authorized treating physician (“ATP”) of their choosing. O.C.G.A. § 34-9-201 provides the following: Requirements: (b)(1)… a list of at least six physicians or professional associations or corporations of ... Continue Reading
What Businesses Need to Know About Emerging PFAS Regulations
Per- and polyfluoroalkyl substances (PFAS), often called “forever chemicals,” are rapidly becoming one of the most significant environmental regulatory challenges facing businesses today. Used historically in products ranging from nonstick cookware to fire-fighting foam and industrial coatings, PFAS persist in the environment and have drawn increased scrutiny from regulators at both the federal and state levels. A Rapidly Evolving Regulatory Landscape In recent years, regulators have accelerated efforts to address PFAS contamination. The U.S. Environmental Protection Agency (EPA) has designated certain PFAS compounds as hazardous substances under federal law and has introduced ... Continue Reading
Practical Use of AI: Don’t be a Cautionary Tale
In today’s world, the injection of artificial intelligence (AI) is painfully prevalent in everyday life. From social media to simple Google searches, an individual is likely to run into information that has been produced by a seemingly sentient machine in the clouds. When used correctly, AI can prove to be an incredibly valuable resource for any business venture. However, failure to responsibly rely on AI-generated information tends to result in the user’s own peril, especially when it comes to matters of the law. Courts and judges are increasingly cracking down on the misuse of AI and the replacement of human work with that of artificial intelligence. Take the ... Continue Reading
How to Handle the Pro Se Plaintiff: Practical Guidance for Claims Professionals
Much like in life, the business of insurance defense is about the cards we are dealt with. The more experience you have, the easier it is to know the good cards, the bad cards and how to play them. But what happens when you are dealt with a “wildcard”? This is what it can feel like when matched against a self-represented, or pro se, litigant. Whether as a claims adjuster or an insurance defense attorney, we often take for granted that the process from the initial claim through litigation will follow a standard procedure. But the introduction of someone who is unfamiliar with ... Continue Reading
A Practical Guide to the Panel of Physicians
The panel of physicians can be a pivotal aspect to any workers’ compensation claim. With a proper panel, the employer can limit which physicians an injured employee can designate as their Authorized Treating Physician. While this may seem insignificant, whether the panel is valid can greatly affect the potential exposure in a claim. If there is no panel posted on the date of injury, or if the panel posted is invalid for any reason, the injured employee can control the medical care throughout the life of the claim. This means that the injured employee can pursue care from a provider who might be known to assign prolonged work restrictions or prescribe extensive but ultimately ... Continue Reading
Is Negligence Per Se Alone Evidence of Bad Faith?
In the context of O.C.G.A. § 13-6-11, “bad faith” refers to the conduct of the defendant out of which the cause of action arose. Brown v. Baker, 197 Ga. App. 466, 467 (1990). Georgia’s appellate courts explain that bad faith: [C]annot be prompted by an honest mistake as to one's rights or duties but must result from some interested or sinister motive. Bad faith is not simply bad judgment or negligence, but it imports a dishonest purpose or some moral obliquity, and implies conscious doing of wrong, and means breach of known duty through some motive of interest or ill will. Rapid Grp., Inc. v. Yellow Cab of Columbus, Inc., 253 Ga. App. 43, 49 (2001); see also Metro. Atlanta Rapid ... Continue Reading
Primer on Non-Judicial Tax Sales for the Real Estate Investor
Most real estate investors have at least a passing familiarity with the concept of a “tax sale” or the acquisition of tax delinquent property subsequent to foreclosure. Although there are several ways to acquire tax delinquent properties, this primer relates to purchasing properties subject to non-judicial foreclosure. The process begins with a tax-delinquent property owner receiving notice of delinquency from the tax commissioner. The owner of the delinquent property then has 30 days from that notice in which to pay the taxes that are owed. If they fail to do so, the tax commissioner may issue a “writ of fieri facias”, which is Latin for “cause it to be done”, and is commonly ... Continue Reading
The Intersection of Workers’ Compensation Benefits and Poor Life Choices: A Case Analysis of the Employer/Insurer’s Liability When an Injury is Caused by Misconduct
Working Man Stan is bored! Eight hours is a long time to stand around an automobile factory. It is also a long time to look at all the fast cars sitting on the lot just waiting to be driven. A fast ride in a nice car sure would liven up the day. Co-worker, Reckless Rob, is always up for some fun. When Stan asks if he would like to take one of the new cars for a spin on the test track, Rob jumps at the chance. Stan and Rob hop in the car and make their way to the test track. Within seconds, they are flying down the track at over 100 mph. Unfortunately, Stan does not have the car-handling skills he thinks he has and soon loses control. They crash the car ... Continue Reading
Understanding the Risks of AI in Workers’ Compensation Law
As anyone with an internet connection knows, Artificial Intelligence (AI) has arrived and it’s here to stay. With the rapid advancement computing technologies, many employers, insurers, and attorneys are exploring AI’s potential to streamline workflows and reduce costs. There is no doubt that AI offers significant benefits in the legal world—including in workers' compensation. Worker’s Compensation is known for its massive datasets, frequent use of standardized forms, constant communication, and (presumably) a relatively predictable legal trajectory. So, workers’ compensation law seems to benefit greatly from automated programs. AI appears to be a welcome gift to the overworked adjuster or ... Continue Reading