Recently, the Georgia Supreme Court was petitioned to revisit its prior ruling in Williams v. Corbett, 260 Ga. 668, 398 S.E.2d 1 (1990), on whether an unmarried partner in a meretricious relationship was eligible to receive dependency benefits pursuant to the Georgia Workers' Compensation Act when his or her unmarried partner passed away as the result of a compensable workplace accident. In its decision to not grant certiorari in Reynalda Munoz Sanchez v. Allen Carter et al., Case No. S18C0408, decided May 7, 2018, the Supreme Court of Georgia applied stare decisis and upheld the decision of the Georgia Court of Appeals in Sanchez v. Carter et al., 343 Ga. App. 187, 806 S.E.2d 638 (2017), ... Continue Reading
Spoliation Law for Workers’ Compensation Claims Handlers
Has an attorney sent you a letter demanding that you provide or preserve evidence, such as security videos, which is potentially relevant to a case? Have you wondered if a claimant is destroying or hiding any evidence which would impeach the claimant's case? These questions involve the duty to preserve potentially relevant evidence. Spoliation is the intentional, or negligent, destruction of potentially relevant evidence which a party has a duty to preserve. Has an attorney sent you a letter demanding that you provide or preserve evidence, such as security videos, which is potentially relevant to a case? Have you wondered if ... Continue Reading
Piercing the Corporate Veil: How to Ensure Your Business’s Debt Does Not Become Your Debt
Many business owners in Georgia create legal entities under which they do business. While some business owners choose to create these entities for tax benefits, what seems to be the chief reason business owners incorporate is to avoid personal liability for their business's obligations. However, the mere fact that you created a separate corporation or limited liability company ("LLC") will not always shield your personal assets from a lawsuit against your company. Many business owners in Georgia create legal entities under which they do business. While some business owners choose to create these entities for tax benefits, what seems to be the chief reason business owners incorporate ... Continue Reading
Fraud in Part, Fraud in Whole?
In the first-party insurance context, most policies provide more than one type of coverage. A homeowner's policy will usually contain a liability component and a property component, as well as providing different types of property coverage—coverage for structure or dwelling damage versus coverage for damage to personal property and contents. Often times, one event or loss will trigger more than one type of coverage under the same policy, such as in a fire loss. In the first-party insurance context, most policies provide more than one type of coverage. A homeowner’s policy will usually contain a liability component and a property component, as well as providing different types of ... Continue Reading
Court of Appeals Visits the Issue of Continuous Employment in Two Cases in 2017
During 2017, the Court of Appeals visited the issue of continuous employment in two opinions, Avrett Plumbing Company v. Castillo, decided March 10, 2017, and also in the case of Kendrick v. SRA Track, Inc., decided on June 20, 2017. During 2017, the Court of Appeals visited the issue of continuous employment in two opinions, Avrett Plumbing Company v. Castillo, decided March 10, 2017, and also in the case of Kendrick v. SRA Track, Inc., decided on June 20, 2017. In both cases, the Court of Appeals ruled for the Employer/Insurer that the respective employee’s injuries did not occur while in the course and scope of their employment, as they were not on continuous employment. ... Continue Reading
Protecting the Interests of Medicare Advantage Plans in Settlement Involving Plan Beneficiaries
Since at least 1980, federal law has permitted Medicare to recover payments made for medical care provided to beneficiaries when there is liability or workers' compensation insurance that would otherwise be available to the beneficiary. Practitioners and claims professionals are (or should be) familiar with the process of requesting information concerning the amount of these payments and Medicare's claims for reimbursement through the Center for Medicare and Medicaid Services ("CMS") when finalizing the terms and conditions of settlements involving Medicare beneficiaries. Since at least 1980, federal law has permitted Medicare to recover payments made for medical care provided to ... Continue Reading
The Cost of Free Admission: Protection for Landowners under the Recreational Property Act Strengthened by the Georgia Supreme Court
Warm weather brings Georgians outdoors to enjoy an array of recreational activities, from coastal beaches to mountain trails and sporting events. Moreover, most parents do not complain when their children are admitted to parks and games for free. Warm weather brings Georgians outdoors to enjoy an array of recreational activities, from coastal beaches to mountain trails and sporting events. Moreover, most parents do not complain when their children are admitted to parks and games for free. According to a recent decision by the Georgia Supreme Court, however, that free admission could ultimately provide a major benefit to the property owner in the event that a child is injured ... Continue Reading
Spoliation: How Failing to Preserve Evidence Can Spell Disaster for Your Case
Whether it is a defective product, an unmaintained piece of equipment, or even a security tape, failing to preserve evidence relevant to the claimant's injury may be devastating to your case. When a party destroys or fails to preserve material evidence, even if the conduct is not intentional, a court is authorized to impose a wide range of sanctions against the offending party. Whether it is a defective product, an unmaintained piece of equipment, or even a security tape, failing to preserve evidence relevant to the claimant’s injury may be devastating to your case. When a party destroys or fails to preserve material evidence, even if the conduct is not intentional, a court is ... Continue Reading
Can An Insured “Losing” His Cellphone Constitute Spoliation of the Evidence?
Insurance companies investigating fraudulent claims often seek an insured's cell phone on the grounds that the data contained therein is material to its coverage investigation. The GPS data on the insured's phone may provide evidence regarding the insured's location at the time of the loss. The text and call history could also provide information helpful to the fraud investigation. Realizing the potential incriminating evidence that could be obtained through his cell phone, an insured might "lose" his cell phone. What consequences might a court assess because of an insured losing his cellphone or otherwise failing to preserve the cellular data? A federal court has answered that ... Continue Reading
MAKE CRIME PAY: How a Shoplifting Plaintiff’s Criminal Defense Strategy Can Affect a Future Civil Action
Consider the following factual scenario: A national retail and/or grocery business suspects that one of its customers is shoplifting. That business undertakes an investigation into the underlying facts and concludes that there is enough evidence to stop and question that customer. After questioning, the business is convinced that the customer was actually shoplifting or in the process of shoplifting, calls the police, and files a citizen's arrest. The police take the customer to jail, and legal proceedings begin. The customer hires a criminal defense attorney and waives the preliminary evidentiary hearing before the Magistrate. His or her attorney then obtains a dismissal from the local, ... Continue Reading