Commonly known as the "apportionment statute," O.C.G.A. §51-12-33 requires that the trier of fact divide responsibility for an injury among all those that contributed to it - parties and nonparties alike. Practically, the apportionment statute allows defendants to decide whether they want to try and add a third party or not. Attorneys and their clients should continue to analyze and evaluate every case with an eye toward identifying other potential tortfeasors whose actions or inactions may be a proximate cause of at least part of a plaintiff's claimed damages. Once another possible tortfeasor is identified, attorneys and their clients can weigh the options of moving to add that party or ... Continue Reading
Slaying Your Reptile Opponent Through Narrowly Tailored Pre-Trial Motions in Limine
Before I was a practicing civil defense lawyer the word "reptile" would have conjured up images of tetrapod animals such as snakes, lizards, crocodiles, and turtles. (Photo retrieved from Microsoft Art Gallery) Before I was a practicing civil defense lawyer the word “reptile” would have conjured up images of tetrapod animals such as snakes, lizards, crocodiles, and turtles. Now, when I hear the word “reptile”, I imagine an overzealous lawyer standing before a jury and waiving her arms for emphasis as she says words like “safety”, “danger”, and “risk” and uses phrases such as “needlessly endangering the community” and “a threat to your safety” to describe the defendant’s conduct. To ... Continue Reading
Non-Emergency Transport Vehicle Issues Under Georgia’s Motor Carrier Act
In 2012, the Georgia legislature enacted the Georgia Motor Carrier Act of 2012. One of the stated objectives of the Act was to transfer regulations of motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety. See O.C.G.A. 40-1-51. In 2012, the Georgia legislature enacted the Georgia Motor Carrier Act of 2012. One of the stated objectives of the Act was to transfer regulations of motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety. See O.C.G.A. 40-1-51. Georgia lawmakers codified a list of definitional terms to be applied in interpreting the Act. ... Continue Reading
An Attempt to Break-Even: A Review of O.C.G.A. § 34-9-11.1, an Employer/Insurer’s subrogation rights, and the ability to recover for benefits paid to an injured employee
Following an injury arising out of and in the course of employment, Georgia's workers' compensation laws require an employer/insurer to pay workers' compensation benefits to any employee regardless of who may be at fault for the employee's injury. Following an injury arising out of and in the course of employment, Georgia’s workers’ compensation laws require an employer/insurer to pay workers’ compensation benefits to any employee regardless of who may be at fault for the employee’s injury. “Subrogation” refers to the process by which the employer/insurer attempts to legally pursue a third-party responsible for causing the loss. Enacted by the legislature in 1992, O.C.G.A. § ... Continue Reading
The Center for Disease Control (CDC) Initiate Additional Guidelines and Information
The Center for Disease Control (CDC) initiated additional guidelines and information regarding the proper use of opioids and to educate doctors and patients about the opioids epidemic. Our recent update about the new CDC guidelines for prescribing opioids can be viewed here: CDC Guidlines The CDC has also issued a mobile app with their guidelines for prescribing opioids for chronic pain. It can be accessed here: https://www.cdc.gov/drugoverdose/prescribing/app.html The app and CDC website have a morphine milligram equivalent (“MME”) calculator. This tool allows you to enter certain opioid medications, with the dosages of each medication, into the calculator, ... Continue Reading
So How Did My “Dog” Case Become a Cat Case?
We've all had it happen. We think we have a case well positioned for settlement, when we receive a grossly inflated demand from opposing counsel with the explanation, "as you can see, this case is likely to be deemed Catastrophic." We’ve all had it happen. We think we have a case well positioned for settlement, when we receive a grossly inflated demand from opposing counsel with the explanation, “as you can see, this case is likely to be deemed Catastrophic.” What??! I evaluated it on a year of TTD, maximum. How can he say it is Catastrophic? DEFINITION The definition of Catastrophic injury is found in O.C.G.A. Section 34-9-200.1(g). The statute provides ... Continue Reading
Impact of Detention by Immigration and Customs Enforcement on Workers’ Compensation Benefits
With the increasing focus on illegal immigration in our current political climate one issue that employers and insurers are likely to encounter is what happens to an illegal alien claimant's temporary total disability in the event of detainment by the United States Bureau of Immigrations and Customs Enforcement (ICE). With the increasing focus on illegal immigration in our current political climate one issue that employers and insurers are likely to encounter is what happens to an illegal alien claimant’s temporary total disability in the event of detainment by the United States Bureau of Immigrations and Customs Enforcement (ICE). A simple review of the news reflects increasing action to ... Continue Reading
What You Say Could Be “At Issue” – Waiver of the Attorney-Client Privilege in Bad Faith Cases
Not every communication that falls within the scope of the attorney-client privilege is entitled to protection. Not every communication that falls within the scope of the attorney-client privilege is entitled to protection. Under certain circumstances, the privilege may be considered implicitly waived when justice so requires. This is because the public policy of protecting confidential attorney-client communications must be balanced against the equally strong public interest in the proper administration of justice. State v. Doster, 276 S.C. 647, 284 S.E.2d 218 (1981). Courts have found this especially true in bad faith insurance cases which by their nature “turn heavily on what an insurer ... Continue Reading
CDC Issues New Guidelines for Opioid Prescriptions
The opioid crisis in America is frequently in the news and should be. Opioids have caused an enormous cost increase for workers’ compensation employers and insurers. Some cases are impossible to settle because a Medicare Set Aside trust (“MSA”) is required, and the cost of the MSA is $500,000 or more due primarily to the projections of opioid medications for the remainder of the claimant’s life. The Center for Disease Control (“CDC”) recently issued guidelines for prescribing opioids for chronic pain. A copy of those guidelines is attached. The CDC is attempting to effect an enormous change in how opioids are used. Here are the high points: “Opioids are ... Continue Reading
Charting a New Course for Pain Management in the Workers’ Compensation Arena
As the reverberations of the opioid crisis are being felt around the country, Chairman Frank McKay of the Georgia State Board of Workers' Compensation has vowed to address the over-prescription and abuse of these Schedule II narcotics in the workers' compensation setting. As the reverberations of the opioid crisis are being felt around the country, Chairman Frank McKay of the Georgia State Board of Workers’ Compensation has vowed to address the over-prescription and abuse of these Schedule II narcotics in the workers’ compensation setting. The Chairman recently announced that the State Board would examine and work to remedy the over-prescription of narcotics. In 2013, Georgia passed the ... Continue Reading