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
Fictional, New Accidents: Examining Some Different Defenses And Potential Arguments When Bringing An Employee Back To Work
In workers' compensation claims, we sometimes come across a situation where an employee injures himself or herself and then returns to work for the same employer. In workers’ compensation claims, we sometimes come across a situation where an employee injures himself or herself and then returns to work for the same employer. Sometimes we are just lucky enough to be able to offer them suitable, light-duty work – if the treating doctor has issued work restrictions. But what happens when this employee continues working, but at some point stops working ... Continue Reading
Use Of Blind Negotiations At Mediation
The resolution of construction disputes can be a dizzying process even for the most experienced attorneys and their clients. A project which begins with high hopes and expectations, all too often ends in confusion and posturing among the several varying interests The resolution of construction disputes can be a dizzying process even for the most experienced attorneys and their clients. A project which begins with high hopes and expectations, all too often ends in confusion and posturing among the several varying interests. The thought of allowing a jury to attempt to evaluate what are typically complex and sometimes technical ... Continue Reading
The Dust Begins To Settle: Georgia Supreme Court Rules On Constitutionality Of Three Provisions Of 2005 Tort Reform Legislation
In 2005 the Georgia Legislature passed tort reform legislation which made sweeping procedural and substantive changes to existing tort law.In 2005 the Georgia Legislature passed tort reform legislation which made sweeping procedural and substantive changes to existing tort law. The reforms had the potential to significantly reduce the cost of litigation in the long term: the question was simply which provisions would hold up to appellate challenges and how long it would take for those challenges to be heard. Five years later, the dust is beginning to settle. The Georgia Supreme Court has issued three major rulings on tort reform provisions in the last month, ... Continue Reading
Property Corner – Summary Judgment Granted On Both Application And Claims Misrepresentation
In the unpublished decision of Pierce v. Allstate Insurance Company, 2008 U.S. Dist. LEXIS 71957 (USDC, ND of GA, Atlanta Div., Sept. 19, 2008) Judge Owen Forrester did something extremely rare in a property insurance case. In the unpublished decision of Pierce v. Allstate Insurance Company, 2008 U.S. Dist. LEXIS 71957 (USDC, ND of GA, Atlanta Div., Sept. 19, 2008) Judge Owen Forrester did something extremely rare in a property insurance case. He granted summary judgment based upon both application and claims misrepresentation. While it is not particularly unusual to have a summary judgment granted for application ... Continue Reading
Evaluating And Preserving Your Subrogation Claim: Five Practice Pointers
What follows are five practice pointers that highlight issues which are often overlooked when evaluating a subrogation claim. What follows are five practice pointers that highlight issues which are often overlooked when evaluating a subrogation claim. Look for the "Waiver of Subrogation" Clause If you are not familiar with these clauses, let me explain. A waiver of subrogation clause is exactly what it sounds like. In more and more contracts now, the parties to the contract will agree to release not only their claims, but the claims of their ... Continue Reading
Broda V. Dziwura: What Has Happened To One-Injury-One-Satisfaction?
Under Georgia law, a plaintiff traditionally has been limited to one satisfaction for one injury. Under Georgia law, a plaintiff traditionally has been limited to one satisfaction for one injury. See Kroger Co. v. Mays, 262 Ga. App. 339, 664 S.E.2d 818 (2008). However, after a February 8, 2010 opinion issued by the Georgia Supreme Court, the one-injury-one-satisfaction rule has been abridged and curtailed. In Broda v. Dziwura, 2010 Ga. LEXIS 152 (Feb. 8, 2010), the Supreme Court of Georgia unanimously found that “the applicability of the ... Continue Reading
The 1-2-3s Of Structured Annuities
Structured annuities can be great tools to reduce overall costs of settlement, and still provide the Claimant with a source of ongoing income.Structured annuities can be great tools to reduce overall costs of settlement, and still provide the Claimant with a source of ongoing income. The advantages are many to insurers and self-insurers, as well as for Claimants who are concerned about budgeting their settlement over the long-haul, or those that prefer to simply continue receiving checks. But, like any plan that budgets money, structures contain a lot of hidden details and many variables. The following is meant to be a quick primer on the basics of structured ... Continue Reading
New Rules Regarding Tolling Of The Statute Of Limitations In Some Motor Vehicle Accident Related Personal Injury Claims.
In its recent decision in Beneke v. Parker, 285 Ga. 733, 684 SE 2d 243 (2009), the Georgia Supreme Court re-defined the method for calculating the expiration of the statute of limitations in some personal injury cases. In its recent decision in Beneke v. Parker, 285 Ga. 733, 684 SE 2d 243 (2009), the Georgia Supreme Court re-defined the method for calculating the expiration of the statute of limitations in some personal injury cases. In Beneke, the Court held that in personal injury cases where a driver has received a traffic citation, the cause of action does not accrue until the prosecution of the citation has become final, or ... Continue Reading
Innocence Lost: The Innocent Co-Insured Doctrine In Georgia
In a first party property insurance setting, a question that frequently arises is whether the fraud or misconduct of one insured will bar recovery by other innocent co-insureds. In a first party property insurance setting, a question that frequently arises is whether the fraud or misconduct of one insured will bar recovery by other innocent co-insureds. Georgia has a long zigzagging history which went from allowing an innocent co-insured to recover in Richards v. Hanover Insurance, 250 Ga. 613, 299 S.E.2c 561 (1983), to denying recovery in Sales v. State Farm Fire & Casualty Co., 849 F.2d 1383, 1385 ... Continue Reading