Jack and Jill are friendly coworkers who often chat and take breaks together. One day while working together, Jack animatedly tells Jill Jack and Jill are friendly coworkers who often chat and take breaks together. One day while working together, Jack animatedly tells Jill a story regarding an altercation he witnessed. In the course of the story telling, he demonstrates with a “friendly” shove to Jill’s shoulder. Not recognizing his own strength and catching Jill off-guard, the shove causes Jill to stumble backwards. Unable to regain her balance, Jill falls to the floor, landing on her back. As a result of the accident, Jill sustains a lower back injury. She reports the injury ... Continue Reading
The National Labor Relations Act’s Effect On Non-Union Workplaces
In recent years, the National Labor Relations Board ("NLRB") has taken an unprecedented interest in the regulation of non-union workplaces. In recent years, the National Labor Relations Board (“NLRB”) has taken an unprecedented interest in the regulation of non-union workplaces. The NLRB, a federal agency, was created in 1935 with the passage of the National Labor Relations Act (“NLRA”). The NLRA is a federal law that grants employees the right to: (1) form or join unions; (2) engage in protected, concerted activities to address or improve working conditions; or (3) refrain from engaging in these ... Continue Reading
Getting To The “Heart” Of The Matter: Effective Investigation OF Heart Attacks, Stroke, and Resulting Death Claims
Every on-the-job accident needs to be promptly and thoroughly investigated. However, this is especially true in the case of heart attacks, strokes, or Every on-the-job accident needs to be promptly and thoroughly investigated. However, this is especially true in the case of heart attacks, strokes, or deaths resulting from either. Effective investigation of these claims is crucial to preparing for potential litigation, and may help to limit liability or, in some cases, avoid it altogether. A. Heart Attack and Stroke Injuries Out of the ... Continue Reading
Out Of State Employment And Accident – Jurisdiction In Georgia?
The term "jurisdiction" in a workers' compensation context frequently means whether the claim has been timely filed. However, it can also involve the issue of whether The term “jurisdiction” in a workers’ compensation context frequently means whether the claim has been timely filed. However, it can also involve the issue of whether the accident, the employer and the claimant have sufficient ties to Georgia thereby allowing benefits to be paid under our laws. When an individual is employed elsewhere, and suffers an accident outside of this state, one of the questions raised is whether the claim can be filed ... Continue Reading
Average Weekly Wage: What Is A Fair Calculation?
Pursuant to the Georgia Workers' Compensation Act, when an injured worker is either totally or partially disabled as the result of an on-the-job injury, Pursuant to the Georgia Workers’ Compensation Act, when an injured worker is either totally or partially disabled as the result of an on-the-job injury, he is entitled to indemnity benefits until said disability ends. This is not peculiar to Georgia and the workers’ compensation laws of all states have a system for providing benefits to injured workers when they are incapable of performing their jobs as the result of an accident at work. While all states generally use the injured workers’ average weekly wage when ... Continue Reading
Sureties And Contractors: Deviate From The Contract’s Claims Notice Provisions At Your Own Peril
The Georgia Court of Appeals' March 28, 2014 decision in Western Sur. Co. v. Department of Transp. is likely to strike fear into the hearts of The Georgia Court of Appeals’ March 28, 2014 decision in Western Sur. Co. v. Department of Transp. is likely to strike fear into the hearts of Georgia Contractors and Sureties. In that decision, the Court held that such Contractors and Sureties, absent extraordinary circumstances, must comply strictly with their Contract’s notice and claims provisions, or they will forfeit their right to seek damages or compensation for cost increases. Thankfully, as will be discussed below, those Contractors and ... Continue Reading
Litigation Pitfalls: Failure To Preserve Evidence In Your”Control.”
Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party anticipates litigation. A charge of spoliation is serious because it can lead to sanctions. To remedy the prejudice resulting from evidence spoliation, a trial court is authorized to craft a solution that fits the facts. The court may charge the jury that spoliation of evidence creates the rebuttable presumption that the evidence would have been harmful to the ... Continue Reading
LAM V. ALLSTATE Indemnity Company: Appraisal Provision Does Not Apply To The Scope Of The Loss
In a recent decision, the Georgia Court of Appeals has ruled that an Appraisal Provision in a property insurance policy would be limited to questions In a recent decision, the Georgia Court of Appeals has ruled that an Appraisal Provision in a property insurance policy would be limited to questions of the value of a loss and not questions of coverage. What is particularly significant here, however, is that the court determined that a question relating to the scope of a loss, was, in fact, a question of coverage. As such, it would be outside the purview of the appraisal ... Continue Reading
Appointment: The Court Clarifies The State Of Contribution And Indemnity
Since tort reform was enacted in 2005, the Georgia law on apportionment has continued to evolve. To some extent, the Courts have Since tort reform was enacted in 2005, the Georgia law on apportionment has continued to evolve. To some extent, the Courts have become more clear about whether contribution and indemnity still exist. As a reminder, apportionment law in Georgia requires the trier of fact to consider all responsible entities when awarding damages. While the statute provides means for parties to tell the trier of fact who to consider, apportionment has also been attempted by a defendant filing a third party complaint against entities ... Continue Reading
Don’t Waive Goodbye To Potential Coverage Defenses
Adjustment of a claim can be an arduous process in any line of insurance coverage. During adjustment, insurers must enforce strict Adjustment of a claim can be an arduous process in any line of insurance coverage. During adjustment, insurers must enforce strict compliance with the insurance contract or risk possible waiver of available defenses to coverage. The good news for adjusters is that an insurer’s mere investigation of a claim alone does not constitute a waiver of the insurer’s potential defenses. See O.C.G.A. § 33-24-40. However, significant issues can arise when, during the course of an investigation, an adjuster or agent makes a ... Continue Reading