Recreational marijuana is now legal in more states than ever before. Medical marijuana has been legalized in the state of Georgia for individuals with specific ailments. This may mean that a percentage of the workforce is impaired on the job. Recreational marijuana is now legal in more states than ever before. Medical marijuana has been legalized in the state of Georgia for individuals with specific ailments. This may mean that a percentage of the workforce is impaired on the job. Many employers stopped pre-employment drug testing for marijuana because too many potential workers failed their drugs test, and because presence of marijuana in your system does not mean you are currently ... Continue Reading
Statutory Employment in the Trucking Industry and Preventative Measures to Prevent Liability
Large motor carriers and their workers' compensation insurers are not strangers to claims brought by contractor truck drivers claiming to be employees of the carrier. A type of contractor commonly seen in these cases is the "owner-operator", who Georgia law defines as "an equipment lessor who leases his vehicular equipment with a driver to a carrier." Large motor carriers and their workers’ compensation insurers are not strangers to claims brought by contractor truck drivers claiming to be employees of the carrier. A type of contractor commonly seen in these cases is the “owner-operator”, who Georgia law defines as “an equipment lessor who leases his vehicular equipment with a ... Continue Reading
New Laws Adopted Make Adoptions Easier in Georgia
As of September 1, 2018, adoptions in Georgia are easier. The state's Adoption Code was significantly revised, adding clarity and modernity to some laws not touched since 1990. The revisions seem to reflect the state's articulated interest in "promptly providing stable and permanent homes for adoptive children, and in preventing the disruption of adoptive placements." While the changes are vast from residency requirements of adoptive parents to assistance for birth parents, this article highlights many of the new laws. As of September 1, 2018, adoptions in Georgia are easier. The state’s Adoption Code was significantly revised, adding clarity and modernity to some laws not touched since ... Continue Reading
Answering the Opposition to Charitable Light Duty Work
With increasing regularity, our practice continues to encounter employers who utilize transitional charitable light-duty placement when they are unable to accommodate injured workers' work restrictions. However, as a natural evolution there is also an increasing opposition to this practice. Perhaps naively, I find myself wondering; "What's the big deal; it's just charity work?" To me it would seem that the injured worker is getting paid, they are getting out of the house, and they are serving their own communities. With increasing regularity, our practice continues to encounter employers who utilize transitional charitable light-duty placement when they are unable to accommodate injured ... Continue Reading
“Are you sure that it was food poisoning?” The Current Status of Circumstantial Evidence in Foodborne Illness Cases
Litigation arising from allegations of food poisoning is common and often costly. Each year almost 1,000 Georgians will report an incident of food poisoning. www.cdc.gov. (2018). National Outbreak Reporting System (NORS) Dashboard | CDC. [online] Available at: https://wwwn.cdc.gov/norsdashboard/ [Accessed 5 Oct. 2018]. In a foodborne illness lawsuit, the average award to a successful Plaintiff is $276,148, but verdicts have been as high as $6.2M in recent years. Litigation arising from allegations of food poisoning is common and often costly. Each year almost 1,000 Georgians will report an incident of food poisoning. www.cdc.gov. (2018). National Outbreak Reporting ... Continue Reading
Best Practices for Handling Liability Claims Involving Medicare
Overview of the Medicare Secondary Payer Act (MSPA) Until 1980, Medicare was the primary payer for all medical services covered by Medicare except those covered by Worker's Compensation. The MSPA was created in 1980 to attempt to shift costs from Medicare to other private payers. 42 U.S.C. § 1395y (1980). Pursuant to the MSPA, Medicare is the "secondary payer" to insurance plans and programs for individuals covered through (among other things) auto and other liability insurance or no-fault liability insurance. Id. Overview of the Medicare Secondary Payer Act (MSPA) Until 1980, Medicare was the primary payer for all medical services covered by Medicare except those covered by Worker’s ... Continue Reading
Subcontracting in the Construction Industry and Who is Responsible for the Injured Employee?
General contractors obtain the services of subcontractors as a common business practice to help construction projects become completed more efficiently. Often, these subcontractors are more capable of performing the specialized work, and in many ways, the construction industry is a subcontractor-driven industry. The addition of subcontractors to a construction project brings additional workers hired by each subcontractor. In the event a subcontractor's employee is injured in the performance of the work at the construction site, a question arises of who may be held responsible for payment of workers' compensation benefits for those injuries. The current trend in the construction industry ... Continue Reading
Another Line Drawn to Limit Lawsuits against Non-Resident Defendants
Maintaining a website is a necessary and important aspect of many businesses. A website can also impact where a business may be sued, even when the business has never stepped foot inside a foreign state. Where a business is sued in a foreign state, the business may have an affirmative defense based on lack of personal jurisdiction Whether the creation and maintenance of a website subjects the business to a lawsuit in a foreign state depends on that state's personal jurisdiction laws, which typically includes a Long-Arm statute. Maintaining a website is a necessary and important aspect of many businesses. A website can also impact where a business may be sued, even when the ... Continue Reading
The Art of Collaboration: Tips for Facilitating Collaboration Among In‐House, National, and Local Counsel in Multijurisdictional Litigation
We've all heard the adage that "the best defense is a good offense." The thought is that by being proactive, rather than passive or merely reactive, you will gain a strategic advantage over your opponent by forcing the opponent to be on the defense. This idea certainly rings true in all litigation, especially in mass tort, multijurisdictional, or serial litigation. We’ve all heard the adage that “the best defense is a good offense.” The thought is that by being proactive, rather than passive or merely reactive, you will gain a strategic advantage over your opponent by forcing the opponent to be on the defense. This idea certainly rings true in all litigation, especially in mass tort, ... Continue Reading
The Court of Appeals Chips Away at the Idiopathic Defense
When the law surrounding the idiopathic defense to on-the-job injuries is so often misunderstood, misconstrued, and misapplied by judges and lawyers, it can be very difficult for the average claims adjuster or employer to make heads or tails of the idiopathic defense, what it means, and when it applies. The Georgia Court of Appeals recently attempted to provide some clarity in this morass of conflicting decisions and legal theories. In doing so, the Court chipped away at the scope of the idiopathic defense by its ruling in Cartersville City Schools v. Johnson 345 Ga. App. 290, 812 S.E.2d 605 (2018). When the law surrounding the idiopathic defense to on-the-job injuries is so often ... Continue Reading