In Hardee, the Court of Appeals held that a claimant/spouse was not precluded from recovering the cost of attendant care services which were medically In Hardee, the Court of Appeals held that a claimant/spouse was not precluded from recovering the cost of attendant care services which were medically prescribed and which the employer refused to provide. The Claimant, Peggy Hardee, was struck in the head with a cashbox during a robbery. Thereafter, she had significant memory problems which caused her to forget to turn off the electrical appliances such as the stove, and she would often become dizzy and fall. Due to Hardee’s ... Continue Reading
Voters To Decide: Significant Changes Ahead For Georgia Non-Compete Law?
Georgia businesses are one step closer in their quest to change state law governing covenants against competition contained in employment agreements. Georgia businesses are one step closer in their quest to change state law governing covenants against competition contained in employment agreements. On the final day of Georgia’s legislative session, the Senate unanimously approved a proposal asking voters to amend the Georgia Constitution to allow the General Assembly to set standards governing covenants against competition. As many employers already ... Continue Reading
Question: Does Sending A Demand For Proof Of Loss To An Insured’s Attorney Satisfy Policy And/Or Statutory Requirements?
ANSWER: THE LAW VARIES. AS A RESULT, AN INSURER MUST SEND A DEMAND FOR PROOF OF LOSS BOTH DIRECTLY TO THE INSURED AND TO THE INSURED'S COUNSEL.ANSWER: THE LAW VARIES. AS A RESULT, AN INSURER MUST SEND A DEMAND FOR PROOF OF LOSS BOTH DIRECTLY TO THE INSURED AND TO THE INSURED’S COUNSEL. The requirement that an insured produce a sworn proof of loss prior to bringing suit for the recovery a claim is an invaluable defense tool as it timely provides an insurer with detailed information regarding the substance of the claim and prevents an insured from prematurely bringing a claim. While the basis for this requirement ... Continue Reading
How Late Is Too Late To File For Catastrophic Benefits? Case Update On The Wc-R1catee And The Change Of Condition Statute
Under O.C.G.A. § 34-9-104(b), a claim recommencing benefits for a change of condition is time-barred if it is not filed within two years from the last payment of income benefits. Under O.C.G.A. § 34-9-104(b), a claim recommencing benefits for a change of condition is time-barred if it is not filed within two years from the last payment of income benefits. While is usually straightforward, it certainly has not been in the context of when a request for catastrophic designation has been filed by a Claimant in the months and years after benefits were originally cut ... Continue Reading
Fool Me Once: Recent Decision Upends Application Of Misrepresentation Clause Of Insurance Policies
A recent decision from the Southern District of Georgia casts uncertainty on seemingly well-settled legal principles concerning the preclusion of coverage resulting from an insured's material misrepresentations.A recent decision from the Southern District of Georgia casts uncertainty on seemingly well-settled legal principles concerning the preclusion of coverage resulting from an insured’s material misrepresentations. InScott v. Allstate Prop. & Cas. Ins. Co., 2010 U.S. Dist. LEXIS 30417 (S.D. Ga. 2010), reconsideration denied byScott v. Allstate Prop. & Cas. Ins. Co., 2010 U.S. Dist. LEXIS 37629 (S.D. Ga. 2010), the insured’s Georgia home was damaged in ... Continue Reading
Choose Your Adventure: New Case Explains Contractor Prong In Statutory Employer Cases For Owners Who Are Also Contractors
With the number of subcontractors required to complete construction projects, it has become all too common that one of those subcontractors may not have workers' compensation coverage for their employees. With the number of subcontractors required to complete construction projects, it has become all too common that one of those subcontractors may not have workers’ compensation coverage for their employees. When an injury occurs to an employee of such an uninsured subcontractor, O.C.G.A. § 34-9-8 provides that the principal contractor may be responsible for workers’ compensation benefits to that injured worker as a ... Continue Reading
State Board Issues Important Decision Regarding Board Rule 205
As employers and insurers are aware, the seemingly simple process of evaluating and approving medical treatment in the workers' compensation arena is actually anything but simple.As employers and insurers are aware, the seemingly simple process of evaluating and approving medical treatment in the workers’ compensation arena is actually anything but simple. This is because there is often a chain of events that must take place before treatment that is recommended by an authorized treating physician can be authorized. For example, say the authorized treating physician diagnoses a problem, such as depression, and a referral is made to a psychiatrist. As insurers and ... Continue Reading
Sawyer’s Return
This article was written before Drew, Eckl & Farnham individually indexed its Journal Publications.This article was written before Drew, Eckl & Farnham individually indexed its Journal Publications. Click here to view the issue ... Continue Reading
Reasons Why Your Independent Contractor May Be Considered An Employee Under The Workers’ Compensation Act
Under Georgia law, if the relationship of a purported employer and employee is actually that of independent contractor and contractee, there is no coverage under the Workers' Compensation Act. Under Georgia law, if the relationship of a purported employer and employee is actually that of independent contractor and contractee, there is no coverage under the Workers’ Compensation Act. Sanders Truck Transp. Co. v. Napier, 117 Ga. App. 561 (1968). Keeping the above cited law in mind, a signed contract indicating an independent contractor relationship does not necessarily mean the employer is exempt from a workers’ ... Continue Reading
Property Corner: If A Party Is Entitled To Invoke Appraisal Under The Terms Of The Policy, When Must The Demand Be Made Before The Right To Appraisal Is Waived?
ANSWER: A PARTY MUST DEMAND APPRAISAL WITHIN A REASONABLE TIME OR THE RIGHT IS WAIVED.ANSWER: A PARTY MUST DEMAND APPRAISAL WITHIN A REASONABLE TIME OR THE RIGHT IS WAIVED. ... Continue Reading