A central tenet of the Georgia Workers' Compensation system is that a worker must be injured before he is qualified to receive A central tenet of the Georgia Workers’ Compensation system is that a worker must be injured before he is qualified to receive weekly indemnity benefits. However, in one of the most novel theories of recovery ever, a claimant contended he should be entitled to benefits, not because a doctor placed restrictions upon him, but because his employer refused to comply with restrictions the claimant placed upon himself based upon Internet research. Fortunately this claimant was rebuked at every level, from the ... Continue Reading
One Size Does Not Fit All: Eeoc Guidance Regarding Employer’s Use Of Criminal Records In Employment Decisions
In recent months, the EEOC has expressed concern regarding employers' use of uniform employment policies and practices. Historically, consistency was In recent months, the EEOC has expressed concern regarding employers' use of uniform employment policies and practices. Historically, consistency was considered the key to avoiding alleged or actual discrimination. Recently, however, the EEOC has increasingly advised employers to engage in individualized assessments on a case-by-case basis. For example, the EEOC has recommended that employers engage in an interactive dialogue with an employee with a disability to determine what ... Continue Reading
No Shelter From The Storm: Court Declines To Rule Uninhabitable House Not Residence Premises As A Matter Of Law
A recent decision from the Northern District of Georgia highlights the uncertainties that often exist when an insurer relies on the "residence premises" A recent decision from the Northern District of Georgia highlights the uncertainties that often exist when an insurer relies on the “residence premises” requirement to bar coverage for a loss. In Cain v. Hanover Ins. Co., 2011 U.S. Dist. LEXIS 105188 (N.D. Ga. 2011), the court ruled that the fact that the insured’s home was deemed uninhabitable after official inspection did not establish as a matter of law that the home was not the insured’s residence premises. Cain demonstrates the ... Continue Reading
It’s Not Personal. It’s Business: New Case Erodes Deviation Defense
In Stokes v. Coweta County Board of Education (A11A2062), the Court of Appeals recently decided a case that expands the circumstances In Stokes v. Coweta County Board of Education (A11A2062), the Court of Appeals recently decided a case that expands the circumstances of the type of personal actions and potential employment deviations, which still make an accident compensable. As a rule, for an accident to be compensable, an employee’s accident must arise both “out of” and “in the course of” his employment. When a deviation occurs, an employee breaks the continuity of employment for ... Continue Reading
Does Being On The Hook For An Occupational Disease Mean The Employer Is Responsible For The Full Amount Of Owed Benefits? Not So Fast
The primary elements of an occupational disease that a claimant must prove are: The primary elements of an occupational disease that a claimant must prove are: (1) causal connection between work and the disease; (2) disease followed a natural incident of exposure; (3) disease is not of a character to which the employee may have had substantial exposure outside of employment; (4) disease is not an ordinary disease of life to which the general public is exposed; and (5) disease had its origin in a risk connected with the employment. If an employee was exposed to dangerous chemicals or products with ... Continue Reading
Wrongful Death Cases Based Upon Suicide: The General Rule Of Unforeseeability Has Exceptions
Ranked as high as the 6th leading cause of death in the United States by the National Safety Council (13th worldwide), and with over one million Ranked as high as the 6th leading cause of death in the United States by the National Safety Council (13th worldwide), and with over one million people committing suicide each year world-wide, suicide is far-reaching, complex, and sometimes perplexing for those left behind. Any number of factors might contribute to a person taking their own life, including mental health and/or other social problems. In some cases it is likely impossible to know why a particular person chose to take their own life, and in other cases a ... Continue Reading
When Less Is More: Newell Recycling Of Atlanta, Inc. V. Jordan Jones & Goulding, Inc.
Professional services agreements generally contain descriptions of the work to be performed regardless of whether these agreements Professional services agreements generally contain descriptions of the work to be performed regardless of whether these agreements are with engineers, architects, accountants, or attorneys. Such agreements purport to define the boundaries of the client relationship. The specificity of the scope of work or representation can vary based on the nature of the professional relationship, the extent of work, and the relative interests of the parties in expressly defining their relationship. It is not uncommon ... Continue Reading
Adding Insult To Injury: Accidents While Traveling To And From Medical Appointments
Sometimes there seems to be no end at what a claimant wants to relate back to his or her work injury once a compensable injury has been established. Sometimes there seems to be no end at what a claimant wants to relate back to his or her work injury once a compensable injury has been established. As a result, employers and insurers are often presented with requests to pay for benefits that do not readily appear to be related to an original work injury. One such scenario involves accidents that occur traveling to and from doctors appointments. In the case of Flores v. Dependable Tire, Co., Inc., the Georgia Court of Appeals ... Continue Reading
Protect Yourself At All Times: Wear A Veil
One of the first decisions a prospective business owner needs to make, especially self-employed or small business owners, is the proper business form through One of the first decisions a prospective business owner needs to make, especially self-employed or small business owners, is the proper business form through which they will conduct their business. Though there are many factors to be considered when deciding whether to operate as a corporation, limited liability company, or other form, two fundamental concerns are prevalent: (1) under which form will I pay the least amount of taxes; and (2) which form will best protect me and my personal assets ... Continue Reading
Praying For A Ponzi Scheme: A Peculiar Sacrament Of Ill-Gotten Gains, Church Donations, Written Reservations, And Declining Insurance Coverage
Reverend Ernest is the pastor of a local church. One fine Sunday morning, as the collection plates are passed, a member of his congregation deposits a substantial gift. Reverend Ernest is the pastor of a local church. One fine Sunday morning, as the collection plates are passed, a member of his congregation deposits a substantial gift. In counting the morning’s tithes later that day, Rev. Ernest finds the gift – a check, payable to the church, for $1 million. “Land o’ Goshen!” he exclaims. Now, the community missions about which the church has long dreamed can become a reality. Rev. Ernest takes a long look ... Continue Reading