The Supreme Court of Georgia Approves an Injured Employee's Tort Suit The Supreme Court of Georgia Approves an Injured Employee’s Tort Suit Against his Injury-Causing Co-Worker In the recent Georgia Supreme Court case of Smith v. Ellis, 731 S.E. 2d 731 (2012), the Court took up the issue of whether an injured employee, after settling a disputed workers’ compensation claim on a no-liability basis, can later sue his injury-causing co-worker. Smith and Ellis were employed by a Georgia homebuilder and decided one sunny February afternoon to get together during work hours so the two could shoot guns Ellis recently purchased. Smith and Ellis decided to meet at an ... Continue Reading
Ecm’s And Spoliation: The Importance Of An Accurate Record
The fastest and most effective way for a party to lose an otherwise defensible case is to be sanctioned for spoliating evidence. In Georgia, spoliation is defined as the The fastest and most effective way for a party to lose an otherwise defensible case is to be sanctioned for spoliating evidence. In Georgia, spoliation is defined as the “destruction of evidence necessary to pending or contemplated litigation.” When a party destroys or significantly alters evidence, trial courts have wide discretion to fashion sanctions on a case by case basis. After concluding that a party has spoliated evidence, the Court must consider five factors when ... Continue Reading
Lookin’ For Work In All The Wrong Places: Status Of Claimant’s Maloney Burden After Ogletree And Maughon
In two cases within the past year, the Court of Appeals has returned to the framework laid down inMaloney v. Gordon County Farms, In two cases within the past year, the Court of Appeals has returned to the framework laid down inMaloney v. Gordon County Farms, 265 Ga. 825, 462 SE2d 606 (1995), to examine whether claimants have conducted diligent job searches. As established in Maloney, the claimant in a change of condition case must prove that he “suffered a loss of earning power as a result of a compensable work-related injury; continues to suffer physical limitations attributable to that injury; and has made a diligent, but unsuccessful effort to secure suitable employment ... Continue Reading
Leaky Pipes, Construction “Accidents”, And “Occurrences”: Plugging The Holes In Georgia Commercial General Liability Policies
In the piney woods of south Georgia, one of the countless roadside motels along Interstate 75 was recently renovated to create a grand new hotel experience In the piney woods of south Georgia, one of the countless roadside motels along Interstate 75 was recently renovated to create a grand new hotel experience – The Royal Bohemian Lodge. As is common in construction, the general contractor for the hotel contracted with a number of trades to complete different projects associated with the renovation. One of the subcontractors, Temple Potter Plumbing, subcontracted the installation of piping to Johnny Rocco. As ... Continue Reading
How To Avoid The Pitfalls Of Pre-Suit Investigation By An Independent Adjuster
The facts are routine – a set of circumstances you know well. An accident of some sort occurs, let's say a car accident, the claim is reported The facts are routine – a set of circumstances you know well. An accident of some sort occurs, let’s say a car accident, the claim is reported, and an adjuster is assigned to investigate the loss. So far, so good - a prompt response by the insurer. The investigation moves forward and no stone is left unturned as the investigator makes every effort to understand the cause of the accident and the resulting damages. As part of the investigation, routine measurements are taken, interviews are ... Continue Reading
Facebook And Fraud: A Guide To Investigating Social Media During Insurance ClaimsFacebook And Fraud: A Guide To Investigating Social Media During Insurance Claims
Whether you are updating your status on MySpace or Twitter, posting an embarrassing video of your friend in Vegas on YouTube, uploading photographs Whether you are updating your status on MySpace or Twitter, posting an embarrassing video of your friend in Vegas on YouTube, uploading photographs of your vacation on Instagram or Flickr, networking on LinkedIn or checking in with FourSquare or Facebook, chances are you interact with social media on a daily basis. Social networking websites permeate our internet-based culture, with Facebook leading the way with approximately 550 million daily users and 955 million monthly users (Facebook Newsroom, Key Facts, Statistics, last viewed on August ... Continue Reading
2013 Workers Compensation Legislation
The Advisory Council of the State Board of Workers' Compensation has announced that it will submit its 2013 legislative package to the governor this month. The Advisory Council of the State Board of Workers’ Compensation has announced that it will submit its 2013 legislative package to the governor this month. Key features of the package are reported to be as follows: A 400 week cap on medical expenses in non-catastrophic cases. 34-9-240 is modified to prevent claimant’s from avoiding unilateral suspension by showing up to a light duty job offer and staying only 10 minutes. They will now have to work 8 cumulative hours or one scheduled work day, whichever is greater, ... Continue Reading
What You Should Know About Sue & Labor Coverage
First appearing in the realm of marine insurance, "Sue & Labor" clauses have gradually made their way into many present day First appearing in the realm of marine insurance, “Sue & Labor” clauses have gradually made their way into many present day property insurance policies. Named for the language originally used, modern sue and labor clauses take many forms and employ such language as “preserve,” “protect” or “save.” A sue and labor clause imposes on an insured the duty to act when a loss occurs to preserve or protect insured property from further damage, and typically provides that reasonably necessary expenses are to be considered incurred at the insurer’s request. “It is the ... Continue Reading
Say What? An Overview Of The Fundamentals Of A Hearing Loss Injury
Many employers across the state of Georgia will never deal with hearing loss injuries. By the very nature of their businesses, Many employers across the state of Georgia will never deal with hearing loss injuries. By the very nature of their businesses, like restaurants, health care systems and trucking companies, there simply is no threat of a noise-producing environment. However, for certain employers, specifically manufacturing plants or other traditionally “noisy” industries, hearing loss injuries can be very costly and the impact a slippery slope as a result of the snowball effect on other employees working in the same environment that otherwise ... Continue Reading
Newly Discovered Evidence: What Was Known, And Should Have Been Known After A Work Injury
The time for an employer/insurer to investigate and determine compensability of a work injury starts ticking as soon as it is known that actual The time for an employer/insurer to investigate and determine compensability of a work injury starts ticking as soon as it is known that actual disability resulted from the injury. See Board Rule 221. Further, an employer/insurer is not granted an exuberant amount of time to perform its investigation. A notice of controvert needs to be filed within twenty-one days of disability generally, and a voluntarily accepted claim cannot be controverted sixty days after indemnity benefits are first ... Continue Reading