Imagine the following scenario. Your insured is involved in a car accident in which he injures a minor. Your insured is at fault and he has a $50,000 automobile insurance policy, but the minor's medical bills are more than your insured's $50,000 automobile policy limit. After filing a lawsuit, the plaintiff attorney sends you a valid time-limit demand on behalf of his minor client, demanding your insured's policy limits of $50,000. You know that, because the proposed gross settlement amount is more than $15,000, the settlement must be submitted for approval to the court in which the action is pending. Imagine the following scenario. Your insured is involved in a car accident in which he ... Continue Reading
Taking MARTA for a Test Drive: Results of a Recent Challenge to Marta v. Reid
The recent decision reached by the Georgia Supreme Court in the case of Marta v. Reid greatly helped in interpreting and providing guidance in the application of the two year statute of limitations pursuant to O.C.G.A. § 34-9-104(b). However, yet another challenge to the two year statute of limitations under O.C.G.A. § 34-9-104(b) has been brought before the State Board of Workers' Compensation. The recent decision reached by the Georgia Supreme Court in the case of Marta v. Reid greatly helped in interpreting and providing guidance in the application of the two year statute of limitations pursuant to O.C.G.A. § 34-9-104(b). However, yet another challenge to the two year statute of ... Continue Reading
Preservation: It’s Not Just For Jam Anymore
Preservation of documents and tangible evidence relating to an alleged injury is essential when defending a lawsuit. Everything from policies and procedures to work logs and surveillance footage could potentially be discoverable when defending a claim. Navigating the fine line between preserving evidence based upon notice of a claim and destroying evidence in the normal course of business is tricky at best. Recently, Georgia law determining whether a party had notice of a claim in terms of spoliation of evidence was just expanded by the Georgia Supreme Court. Preservation of documents and tangible evidence relating to an alleged injury is essential when defending a lawsuit. ... Continue Reading
Sleep Apnea: What Is It? Why Should You Be Concerned? And How Can You Defend Against A Claim That Your Driver’s Sleep Apnea Caused The Accident?
The Greek term "apnea" literally means without breath. Obstructive sleep apnea, the more common of the two types of sleep apnea, is a syndrome characterized by sleep-disordered breathing that causes brief interruptions of breathing during sleep. Studies have linked driver fatigue resulting from sleep apnea to decreases in a driver's reaction time, information processing, and decision making. Studies funded by the Federal Motor Carrier Safety Administration ("FMCSA") have found that almost one-third, or 28%, of tractor trailer drivers have mild to severe sleep apnea and that 7% of accidents caused by tractor trailer drivers resulted because the driver fell asleep behind the wheel. The Greek ... Continue Reading
Board Rule 203(e) and the Limited Requirement to Provide Transportation Services
Georgia State Board of Workers' Compensation Rule 203(e) provides in pertinent part as follows: "[m]edical expenses shall include but are not limited to the reasonable cost of travel between the employee's home and the place of examination or treatment or physical therapy, or the pharmacy." The Rule goes on to provide that an employer/insurer shall pay the claimant at a rate of 40 cents per mile when the travel to and from authorized medical treatment is by private vehicle. However, Board Rule 203(e) has also been interpreted to require employer/insurers to provide transportation for claimants to get to and from medical appointments in certain situations. Georgia State Board of Workers’ ... Continue Reading
Incarceration in Georgia Workers’ Compensation Law: What are the issues and how to tackle them
The workers' compensation system is a microcosm of American society as a whole and there are times when injured The workers’ compensation system is a microcosm of American society as a whole and there are times when injured workers are incarcerated after the commission of a crime. Fortunately, these situations are few and far between. However, it is essential that employers and insurers understand their rights and obligations when dealing with an injured worker who is incarcerated. While there are any number of potential issues that may arise when a claimant is arrested after the commission of a crime, the most common problem relates to the injured ... Continue Reading
Compensability can be tricky! Common Pitfalls Explained
The issue of whether an accident that occurs in the workplace is compensable can be tricky. Often, compensability will hinge on The issue of whether an accident that occurs in the workplace is compensable can be tricky. Often, compensability will hinge on just a few keys facts. Thus, to effectively and efficiently handle workers’ compensation claims, it is important to know the facts to look for that are critical to determining compensability under the Georgia Workers’ Compensation Act and common pitfalls to avoid. Generally speaking, an employee’s “accidental injury must arise out of and in the course of his or her employment” to be compensable. Stokes v. Coweta County Bd. of ... Continue Reading
“I didn’t see it coming.” – When a crime is not foreseeable, the premises owner is not liable
Generally, premises owners face liability for criminal violence on a property when it is reasonably foreseeable. This is because Generally, premises owners face liability for criminal violence on a property when it is reasonably foreseeable. This is because “[a] property owner is not an insurer of an invitee’s safety, and an intervening criminal act by a third party generally insulates a proprietor from liability unless such criminal act was reasonably foreseeable.” Ratliff v. McDonald, 326 Ga. App. 306, 312 (2014). “If the proprietor has reason to anticipate a criminal act, he or she then has a duty to exercise ordinary care to guard against injury from dangerous ... Continue Reading
Work hard, play hard: An overview of the law on injuries occuring during recreational events
The success of a company can be measured in many ways, one of which is by the happiness of its employees. The success of a company can be measured in many ways, one of which is by the happiness of its employees. A savvy employer knows that boosting employee morale can pay dividends, especially when it comes to productivity and longevity within a company. One common way of boosting employee morale is with recreational activities. Such activities can be facilitated in a variety of different manners, but one thing they often have in common is the concept of Work Hard, Play Hard. Unfortunately, accidents happen and people get hurt, even when it’s clear that an employee is just ... Continue Reading
The WC-104: Strict Compliance Is Key
The WC-104 is a favored tool of employers and insurers that is utilized in order to reduce the indemnity exposure in a claim and as a bargaining chip to induce settlement. The WC-104 is a favored tool of employers and insurers that is utilized in order to reduce the indemnity exposure in a claim and as a bargaining chip to induce settlement. However, it is important for defense counsel and their clients to properly understand the process in order to avoid a successful challenge to the validity of the WC-104 by the employee’s counsel. Failing to dot the “i’s” and cross the “t’s” in the WC-104 process can lead to additional exposure for the employer/insurer by prolonging the life of a claim; ... Continue Reading