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
Willful Misconduct: The Horseplay And Assult Exceptions To The Workers’ Compensation Act
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