In Bennett v. John E. Potter, Postmaster General, USPS, EEOC Dec 0120073097, 2011 WL 244217 (January 11, 2011), the EEOC addressed whether Mr. Bennett's employer, the In Bennett v. John E. Potter, Postmaster General, USPS, EEOC Dec 0120073097, 2011 WL 244217 (January 11, 2011), the EEOC addressed whether Mr. Bennett’s employer, the United States Postal Service (“USPS”), violated the Rehabilitation Act when it released Mr. Bennett’s medical information to a private party in response to a state court subpoena. The USPS released Mr. Bennett’s medical information to a defendant in a lawsuit filed by Mr. Bennett in response to a Texas state court ... Continue Reading
Caution: Employee Accidents Caused By Cell Phone Distractions
We see it every day, whether driving on a crowded interstate or through a local school zone, a large number of drivers appear more interested in their cell phone conversations We see it every day, whether driving on a crowded interstate or through a local school zone, a large number of drivers appear more interested in their cell phone conversations than in driving safely. It is undisputed that this recent trend has led to an increased number of automotive accidents, which impacts both employers and insurers. It is a well accepted rule in Georgia that injuries suffered by traveling ... Continue Reading
“Don’t Let The Evidence Spoil”
You have a nice restaurant. Great food, good atmosphere, lots of flat screen TVs for sport watching and good times are usually had by all. One fateful evening, one of You have a nice restaurant. Great food, good atmosphere, lots of flat screen TVs for sport watching and good times are usually had by all. One fateful evening, one of your patrons, while sitting on a bar stool and enjoying some tasty bar food and a good game of football, all of a sudden plunges to the floor. You rush to his aid only to find out that the bar stool seat has broken off from the legs. Your patron was injured and you’re concerned – ... Continue Reading
Mcrae V. Arby’s: What It Does And Does Not Mean
On December 1, 2011, the Court of Appeals issued an opinion in McRae v. Arby's Restaurant Group thatis causing a lot of frenzy in the world of workers' compensation. On December 1, 2011, the Court of Appeals issued an opinion in McRae v. Arby’s Restaurant Group thatis causing a lot of frenzy in the world of workers’ compensation. This 4-3 majority opinion (with two vigorous dissents) has stirred the age-old debate of whether attorneys in workers’ compensation cases can communicate “ex parte” with the claimant’s treating doctors. Does McRae mark the end of attorney-doctor ex parte communications or of the poor man’s ... Continue Reading
Immigration Reform Comes To Georgia
Georgia has joined the ranks of such states as Arizona and Utah in their efforts to crack down on illegal immigration. On Friday, May 13, 2011, Governor Nathan Georgia has joined the ranks of such states as Arizona and Utah in their efforts to crack down on illegal immigration. On Friday, May 13, 2011, Governor Nathan Deal signed the Georgia Illegal Immigration Reform and Enforcement Act of 2011 (House Bill 87) into law. The law, which goes into effect on July 1, 2011, increases the state’s enforcement powers and imposes requirements on employers to check the immigration status of new hires. ... Continue Reading
Spoliation Of Evidence – Who Must Contemplate Litigation
Spoliation of evidence is defined as not only the intentional destruction of evidence, but also any change or alteration of evidence through neglect, inadvertence, Spoliation of evidence is defined as not only the intentional destruction of evidence, but also any change or alteration of evidence through neglect, inadvertence, or mistake. In Georgia, a party asserting that evidence has been spoliated must prove: (1) the destruction or failure to preserve evidence; (2) that the evidence is necessary; and (3) that the spoliation occurred when litigation was either contemplated or pending. Contemplation of litigation is easy to detect when ... Continue Reading
Residency And Repairs: Court Affirms Insured Must Reside At Premises And Carrier Did Not Waive Defenses In Commencing Repairs
While insurance companies must always be mindful of actions or statements that may later come back to haunt them by operating as a waiver of certain While insurance companies must always be mindful of actions or statements that may later come back to haunt them by operating as a waiver of certain policy provisions or exclusions, a recent decision from the Northern District of Georgia provides an example of behavior that did not constitute a waiver, and also illustrates the importance of the insured’s residence at the property when a standard homeowners policy is in place. InMahens v. Allstate Ins. Co., 2011 U.S. Dist. LEXIS 36125 (N.D. Ga. 2011), the federal court applied Georgia ... Continue Reading
Has The Claimant Carried His “Maughon” Burden?
You are likely familiar with the Maloney burden, which requires an employee seeking recommencement of disability benefits to establish that he has suffered a loss You are likely familiar with the Maloney burden, which requires an employee seeking recommencement of disability benefits to establish that he has suffered a loss of earning power as a result of an on-the-job injury, has continued physical restrictions as a result of that injury, and has made a diligent but unsuccessful search for suitable light duty employment. Maloney v. Gordon County Farms, 265 Ga. 825, 462 S.E.2d 606 (1995). If you are familiar with ... Continue Reading
Newton’s Law Of…Workers’ Compensation: For Every Defense Ime, There Is An Equal And Opposite Claimant’s Ime
As a fundamental concept in the Georgia Workers' Compensation system, by having a legal obligation to provide lifetime medical treatment for an As a fundamental concept in the Georgia Workers’ Compensation system, by having a legal obligation to provide lifetime medical treatment for an accepted work injury, the employer/insurer, in turn, have the right to maintain a certain element of control over the medical treatment the injured employee receives. The panel of physicians, for example, is typically the first way the employer/insurer can exert its control over medical treatment. However, because in so many cases there are disputes ... Continue Reading
Changes To Handling Of Garnishments In Georgia
For many years, Georgia employers have relied on clerical and administrative staff or employee/payroll services to handle responding to routine garnishments. Executive Summary For many years, Georgia employers have relied on clerical and administrative staff or employee/payroll services to handle responding to routine garnishments. On September 12, 2011, the Georgia Supreme Court issued a decision (the “Decision”) that will require employers to immediately change their practices. The Decision now requires employers to retain counsel when responding to garnishment actions filed in Georgia courts of ... Continue Reading