In Georgia, the Workers' Compensation Act protects an employer/insurer against an injured worker "double-dipping" in their recovery. For instance, In Georgia, the Workers’ Compensation Act protects an employer/insurer against an injured worker “double-dipping” in their recovery. For instance, where an injured worker is receiving both employer-funded short-term disability benefits and workers’ compensation benefits after a work-related accident, the amount the worker receives in workers’ compensation indemnity benefits may be reduced by the amount they are receiving in unemployment benefits – thereby avoiding any “double-dipping”. O.C.G.A. § 34-9-243 provides that, (b) Except as otherwise ... Continue Reading
Discoverability/Admissibility Of Evidence Relating To Litigation Finance Companies
An increasingly frequent trend in personal injury cases is plaintiffs are having their medical treatment "financed" by third parties. The typical An increasingly frequent trend in personal injury cases is plaintiffs are having their medical treatment “financed” by third parties. The typical scenario is as follows: a person, who is neither Medicare/Medicaid eligible nor insured, is injured in an accident necessitating medical treatment. In the absence of any available insurance coverage or personal financial capability, the injured person, concerned about paying for treatment out of pocket, is referred to a finance company that has a network of approved ... Continue Reading
Offers Of Judgment In Tort Cases In Federal Court
In Wheatley v. Moe's Southwest Grill, LLC, the applicability of offers of judgment under O.C.G.A. § 9-11-68 was addressed in the context ofIn Wheatley v. Moe’s Southwest Grill, LLC, the applicability of offers of judgment under O.C.G.A. § 9-11-68 was addressed in the context of tort cases in federal court based upon diversity jurisdiction. There appears to be no binding decision regarding the applicability of offers under O.C.G.A. § 9-11-68 in federal court. This code section provides: At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may ... Continue Reading
The Deposition Of The Trucking Company Safety Representative
A lawsuit is filed regarding a serious accident occurred involving a passenger vehicle and tractor-trailer. The facts of the accident are in dispute, and A lawsuit is filed regarding a serious accident occurred involving a passenger vehicle and tractor-trailer. The facts of the accident are in dispute, and both parties fully investigate the physical evidence, the electronic data, and the relevant documentation. All of the parties, witnesses, and experts are deposed. However, the question of who caused the accident is not the only issue at play. Plaintiff has alleged that the driver was unqualified and poorly trained, and that the trucking company cut corners ... Continue Reading
Ingress/Egress Exception: Has The Court Of Appeals Extended Coverage?
Prior to November 18, 2014, an injury sustained by an employee within a reasonable time of going to or coming from work was compensable where Prior to November 18, 2014, an injury sustained by an employee within a reasonable time of going to or coming from work was compensable where the injury occurred on the employer’s premises, or in an off-premises parking lot owned, maintained, or controlled by the employer. See Collie Concessions, Inc. v. Bruce, 272 Ga. App. 578 (2005); Hill v. Omni Hotel at CNN Center, 268 Ga. App. 144 (2004); Tate v. Bruno’s Inc./Food Max, 200 Ga. App. 395 (1991). Known as the “ingress/egress exception” and “parking lot exception”, this ... Continue Reading
A hard rain’s a-gonna fall: Hail damage, appraisal, and Lam V. Allstate
he appraisal process provides a mechanism by which homeowners and insurance companies may quickly and relatively inexpensively resolve disputes The appraisal process provides a mechanism by which homeowners and insurance companies may quickly and relatively inexpensively resolve disputes concerning the amount of damages in a covered loss. The appraisal provision allows the value of covered damages to be objectively determined without risks associated with trial. Appraisal provisions are valid and binding, and in Georgia such provisions are patterned after the Standard Fire Policy. Oftentimes carriers will encounter a situation where the insured contends that the issue of whether ... Continue Reading
Statutory Employment: Liability And A Right To Seek Reimbursement
In Georgia, the Workers' Compensation Act was designed to protect and cover employees against injuries on the job. However, in certain cases, In Georgia, the Workers’ Compensation Act was designed to protect and cover employees against injuries on the job. However, in certain cases, most predominantly those involving construction-related injuries, an employee may be hired by a direct employer who does not have coverage. In those instances, the direct employer, most often a subcontractor, simply may not have had coverage as a result of having fewer than three employees. O.C.G.A. § 34-9-8 was designed to provide coverage “up the ladder” in certain instances where a ... Continue Reading
To Catch a Plaintiff: Production of Surveillance Evidence Prior To Trial
The following is a common place scenario in a general liability claim. Plaintiff alleges personal injuries as a result of an accident on Defendant's premises. The following is a common place scenario in a general liability claim. Plaintiff alleges personal injuries as a result of an accident on Defendant’s premises. Defendant hires an investigator to perform surveillance on Plaintiff. In discovery, Plaintiff requests any surveillance videos or photographs and the name of the investigator who obtained them. Defendant discloses the existence of surveillance but objects to its production on the grounds that such evidence is protected by the work-product privilege and/or is outside ... Continue Reading
Forum Selection Clauses In Construction Contracts- Enforceable Or Not?
Late last year in Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S.Ct. 568 (2013), the Late last year in Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S.Ct. 568 (2013), the United States Supreme Court took a critical stand for subcontractors, limiting the use of forum selection clauses in construction contracts. In so holding, the Court upheld the law of twenty-four states, which will now shape the future of forum selection clauses across the country. In Atlantic Marine, a Virginia based general contractor, Atlantic ... Continue Reading
A Successful 240 – Ensuring A Valid Offer Of Suitable Light- Duty Work And An Unjustified Refusal
You know the scenario. The Employer is certain that the injured worker is milking his disability status and is capable to return to work. Co-workers report seeing You know the scenario. The Employer is certain that the injured worker is milking his disability status and is capable to return to work. Co-workers report seeing the alleged injured worker out and about in town engaging in activities (partying, hunting, fishing, exercising, riding horses) that are inconsistent with the agonizing complaints of pain limitations the claimant is giving the authorized treating physician. Despite the evidence of the injured worker’s active lifestyle, the authorized treating physician still ... Continue Reading