Nonresidents sometimes are subject to suit in this state under the Georgia Long Arm Statute which establishes circumstances Nonresidents sometimes are subject to suit in this state under the Georgia Long Arm Statute which establishes circumstances when personal jurisdiction exists over such nonresidents. Codified at O.C.G.A. §9-10-91, the Georgia legislature chose very specific circumstances in which it provided for nonresidents to be sued in this state's courts. Despite the language of the statute, which appears to only support specific personal jurisdiction, courts in Georgia sometimes apply notions of general personal jurisdiction in ... Continue Reading
Really, Another Recommendation For Pain Management?
Current Pain Management Techniques and Effectivenessof this Inconsistently Applied Treatment Current Pain Management Techniques and Effectivenessof this Inconsistently Applied Treatment Today, pain management practices are varied, hard to classify, and inconsistently applied across the country. How many times have you cringed upon a receipt of another recommendation for pain management care? Following this reaction, how many of you have asked one of the following questions: Is this treatment necessary? What type of treatment will the claimant receive? Is this the appropriate ... Continue Reading
Observe And Report: Potential Liability For Private Entities Based On Arrests Made By Law Enforcement Officers
Loss prevention officers, security guards, and employees for private businesses sometimes assist in identifying potential criminal acts and notifying law Loss prevention officers, security guards, and employees for private businesses sometimes assist in identifying potential criminal acts and notifying law enforcement of such acts so that law enforcement can perform the public function of investigating potential criminal acts and arresting those who commit crimes. Often, such individuals engage in observation of or interaction with a person suspected of committing a crime before contacting law enforcement officers to intervene. A question might then arise ... Continue Reading
How To Make Aggravations To Preexisting Injuries Less “Aggravating”
Pursuant to O.C.G.A. § 34-9-1 (4), a compensable injury ". . . shall include the aggravation of a preexisting condition by accident arising out of and Pursuant to O.C.G.A. § 34-9-1 (4), a compensable injury “. . . shall include the aggravation of a preexisting condition by accident arising out of and in the course of employment, but only for so long as the aggravation of the preexisting condition continues to be the cause of the disability; the preexisting condition shall no longer meet this criteria when the aggravation ceases to be the cause of the disability.” As it now stands in Georgia, the employer ... Continue Reading
Fully And Completely Compensated? Employer/Insurer Burden Remains Strong In Austell Healthcare, Inc. V. Scott 2011
In Austell Healthcare, Inc. v. Scott, the Georgia Court of Appeals stood by the employer/insurer's heavy burden of establishing that an injured employee has been In Austell Healthcare, Inc. v. Scott, the Georgia Court of Appeals stood by the employer/insurer’s heavy burden of establishing that an injured employee has been fully and completely compensated under O.C.G.A. § 34-9-11.1. 2011 Ga. App. LEXIS 193 (March 11, 2011). Comparing lump sum settlements to general verdict forms, the Court of Appeals held that a lump sum settlement alone is insufficient on the issue of whether an employee has been fully and completely compensated and ... Continue Reading
Are Direct Employers Off The Hook Once A Statutory Employer Is Found Responsible For A Workers’ Compensation Claim? Not So Fast.
Under Georgia Law, a principal, intermediate, or subcontractor can be held liable for compensation to any employee injured Under Georgia Law, a principal, intermediate, or subcontractor can be held liable for compensation to any employee injured while employed by a subcontractor that did not maintain insurance. O.C.G.A. § 34-9-8 (a). Under this statute, the principal contractor then becomes a “statutory employer” under the Georgia Workers’ Compensation Act. Wright Assocs. v. Rieder, 247 Ga. 496 (1981). The purpose of this statute is to encourage statutory employers to require subcontractors to carry workers’ compensation ... Continue Reading
Issues In Forum Selection: Avoiding Federal Abstention In Insurance Coverage Disputes
An insurer has at least three options when presented with a liability claim or suit against an insured: (1) accept the claim and defend the insured if suit An insurer has at least three options when presented with a liability claim or suit against an insured: (1) accept the claim and defend the insured if suit is filed; (2) deny the claim and refuse a defense; or (3) defend the case under a reservation of rights and file a declaratory judgment action seeking a judicial determination that there is no coverage under the specific policy provisions at issue. This article will discuss forum selection issues that may arise when an insurer ... Continue Reading
A “Tank” By Any Other Name: Prior Negotiations And Their Effect On The Establishment Of Coverage
It is an ordinary, run-of-the-mill Wednesday afternoon, and you receive a request for a quote for property coverage. The request contains a description It is an ordinary, run-of-the-mill Wednesday afternoon, and you receive a request for a quote for property coverage. The request contains a description of the proposed insured’s business and its property. Noticeably, the request includes a limitation on the insured’s property, such that only certain items would be covered. After you evaluate the risk, you decide to bind coverage on the property. You then receive a signed application for coverage, but there is ... Continue Reading
Give Me Shelter: Clarifying Home Ownership Issues In Catastrophic Claims
The extent and manner of home modifications in catastrophic claims present many problems in terms of claims management, which can lead to The extent and manner of home modifications in catastrophic claims present many problems in terms of claims management, which can lead to confusion and protracted litigation. In Southern Concrete vs. Spires(A10A1981), the Georgia Court of Appeals recently clarified this issue in an area of first impression for the court. Specifically, they determined whether a Claimant is entitled to complete ownership (“fee simple”) of a wheelchair-accessible home built and paid for by the ... Continue Reading
The (Bankruptcy) Trustee Cometh
The primary function of a bankruptcy Trustee is to marshal the assets of a bankrupt debtor's estate to pay the creditors of the bankrupt debtor. This The primary function of a bankruptcy Trustee is to marshal the assets of a bankrupt debtor’s estate to pay the creditors of the bankrupt debtor. This function is generally accomplished by identifying assets of the estate, negating debts, and/or by avoiding prior transfers improperly made to creditors via lawsuits within the bankruptcy known as Adversary Proceedings. In such proceedings, the Trustee may initiate suit against a person or entity to recover payments made to such person or company up to ... Continue Reading