It's that time of the year when birds are chirping, flowers are blooming, and the temperature is beginning to soar to record breaking numbers. It’s that time of the year when birds are chirping, flowers are blooming, and the temperature is beginning to soar to record breaking numbers. Everyone loves the summertime temperature, but for those who have to work outside, this time of the year can be very uncomfortable, and potentially dangerous. Along with the rising temperature comes heat related on-the- job injuries. Industries most affected by heat-related illness are: construction, trade, transportation and utilities, agriculture, ground maintenance, landscaping ... Continue Reading
Let the Seller Beware: Owner-financed Mortgages as a Bar to Insurance Coverage
Property owners may see many benefits to financing the sale of property themselves, including a higher sale price and a more expedient closing. Many times such owner-financed sale agreements can take the form of "lease to own" transactions in which a landlord-tenant relationship quickly transitions into a seller-buyer relationship. Property owners may see many benefits to financing the sale of property themselves, including a higher sale price and a more expedient closing. Many times such owner-financed sale agreements can take the form of “lease to own” transactions in which a landlord-tenant relationship quickly transitions into a seller-buyer relationship. Caught unaware, a ... Continue Reading
Disclaimer and Reservations of Rights Traps for the Insurer
An all too typical scenario- an insurer receives notice of a lawsuit filed against its insured. Coverage is questioned but the answer due date approaches. Should the insurer hire defense counsel? Send a reservation of rights? Disclaim coverage? Under two Georgia Supreme Court cases, the timing and decision could cost the insurer its rights to disclaim coverage. An all too typical scenario– an insurer receives notice of a lawsuit filed against its insured. Coverage is questioned but the answer due date approaches. Should the insurer hire defense counsel? Send a reservation of rights? Disclaim coverage? Under two Georgia Supreme Court cases, the timing and decision could cost the insurer ... Continue Reading
Injuries to “Off-Duty” Law Enforcement Officers
If a law enforcement officer sustains an alleged work-related injury while "on-duty" for the law enforcement agency, the compensability is analyzed in the same manner as any alleged work-related injury. If a law enforcement officer sustains an alleged work-related injury while “on-duty” for the law enforcement agency, the compensability is analyzed in the same manner as any alleged work-related injury. An injury is compensable under the Georgia Workers’ Compensation Act only if the injury “arises out of” and occurs “in the course of” employment pursuant to O.C.G.A. § 34-9-1(4). The “arises out of” requirement goes toward a causal connection between an employee’s work and ... Continue Reading
Burdette in the Georgia Supreme Court
The affirmative defense of willful misconduct has seen several dramatic changes in the last few years, with decisions from the Georgia Court of Appeals and now the Georgia Supreme Court. The affirmative defense of willful misconduct has seen several dramatic changes in the last few years, with decisions from the Georgia Court of Appeals and now the Georgia Supreme Court. In 2015, the Georgia Court of Appeals issued a decision in Burdette v. Chandler Telecom, LLC., 335 Ga.App. 190, 779 S.E.2d 75 (2015), that made the assertion of the willful misconduct defense all but impossible in cases that did not involve criminal or quasi-criminal behavior. However, a recent reversal of the ... Continue Reading
Georgia Courts Address Right Of Removal Under Corporate Venue Statute
One of the first considerations for defense attorneys on receipt of a new lawsuit filed in a Georgia state court is the venue where it is pending and what, if anything, the defense can do about it. One of the first considerations for defense attorneys on receipt of a new lawsuit filed in a Georgia state court is the venue where it is pending and what, if anything, the defense can do about it. A potential option available to corporate defendants in tort actions is the right of removal to the county in Georgia where the company maintains its principal place of business. The Georgia Court of Appeals and Georgia Supreme Court have addressed this removal provision in two recent ... Continue Reading
Failure to Take “Reasonable Steps” to Preserve Electronically Stored Information May Cost Your Client
In December 2015, Federal Rule of Civil Procedure 37(e), which concerns a party's failure to preserve electronically stored information ("ESI"), was amended because it did "not adequately address the serious problems resulting from the continued exponential growth [of ESI]". In December 2015, Federal Rule of Civil Procedure 37(e), which concerns a party’s failure to preserve electronically stored information (“ESI”), was amended because it did “not adequately address the serious problems resulting from the continued exponential growth [of ESI]”. See Fed. R. Civ. P. 37(e), Advisory Committee notes to 2015 amendment. In applying former Rule 37(e), federal circuits established ... Continue Reading
Don’t Just Sit There: Documents That Require Fast Action
One thing that makes workers' compensation unique relative to other fields of law is how quickly cases move. Georgia's workers' compensation system is designed so that cases, and issues within those cases, move through the system quickly. This attribute contributes to the greater purpose of the entire system: to help claimant's recover from their injuries and get back to work as safely and quickly as possible. One thing that makes workers’ compensation unique relative to other fields of law is how quickly cases move. Georgia’s workers’ compensation system is designed so that cases, and issues within those cases, move through the system quickly. This attribute contributes to ... Continue Reading
The Use of Employment Services as an Alternative Form of Light-Duty Tenders for the Unwilling or Reluctant Employer
There are a few extra conditions that must be considered when utilizing this method of tendering light-duty employment. You are assigned to manage the following claim: The employee is a high-wage earner with a compensable injury who, after a period of total disability due to the injury, has just been released to light duty work restrictions by the authorized treating physician. You file a WC-104 to reduce him to TPD in 52 weeks. You would now like to get the claimant back to work in order to reduce the potential future exposure for TTD, with the goal of settling the claim. However, the employer either does not have light-duty work available, or does not want to ... Continue Reading
Pre-Suit Settlement of Minors’ Claims
The majority of claims are settled by claims professionals without involving attorneys or litigation. These settlement agreement are contracts. Generally, contracts entered into by minors are voidable at the election of the minor when she reaches the age of majority. The majority of claims are settled by claims professionals without involving attorneys or litigation. These settlement agreement are contracts. Generally, contracts entered into by minors are voidable at the election of the minor when she reaches the age of majority. See O.C.G.A. § 13-3-20; Holland v. Peerless Furniture Co., 60 Ga. App. 149 (1939). Thus, a settlement purportedly made with a ... Continue Reading