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
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
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