There is no dispute that every individual is entitled to a certain degree of privacy in his medical history and medical records. There is no dispute that every individual is entitled to a certain degree of privacy in his medical history and medical records. However, often times, one’s medical history is a crucial factor in assessing the compensability of a workers’ compensation claim and a free exchange of information was certainly facilitate that. Therefore, it seems reasonable that a fixed rule limiting discovery into one’s medical history would not be appropriate in workers’ ... Continue Reading
Mediating Workers’ Compensation Claims: Practice And Procedure
The benefits of mediation are well documented which is why it has become such popular form of dispute resolution. The benefits of mediation are well documented which is why it has become such popular form of dispute resolution. It is particularly beneficial in workers’ compensation cases as mediation provides the parties a civil atmosphere in which to discuss their differences and resolve issues efficiently as they arise. Mediations at the State Board can be conducted to resolve medical issues and rehabilitation issues but, is primarily used and, is most effective, in settlement of claims. Settlement mediations ... Continue Reading
Holding The Bag And Other Worthwhile Endeavors: The Standing Of Judgment Creditors In Bankruptcy
After a lengthy and costly legal brawl, you've obtained a monetary judgment against a back-sliding individual defendant. Let's call him Marley Bankrupt. After a lengthy and costly legal brawl, you've obtained a monetary judgment against a back-sliding individual defendant. Let's call him Marley Bankrupt. During litigation, you learned that Marley works as the manager of a small company, enjoys a nice salary, and owns a pair of vehicles. With excitement, you instruct your attorney (Ms. S.K. Rouge) to begin preparing post-judgment collection documents, including bank garnishments and wage ... Continue Reading
Dekalb County Board Of Education V. Singleton: Revisiting The Compensability Of Psychological Injuries In Workers’ Compensation Cases
Georgia Employer's routinely encounter workers' compensation claims seeking lost-time benefits and/or medical treatment for alleged psychological injuries. Georgia Employer’s routinely encounter workers’ compensation claims seeking lost-time benefits and/or medical treatment for alleged psychological injuries. While it is well established that a psychological injury must be preceded by or accompanied by a physical injury, the types of psychological injuries that are compensable and the evidence required to prove such injuries is far less clear. The ... Continue Reading
Americans With Disabilities Act Grows, As Do Concerns For Employers
The Americans with Disabilities Act of 1990 ("ADA") has created its fair share of hurdles for employers and legal professionals alike.The Americans with Disabilities Act of 1990 (“ADA”) has created its fair share of hurdles for employers and legal professionals alike. Of course, the purpose of the ADA - to prevent workplace discrimination of individuals with disabilities and to make more available accommodations for those individuals – is appropriate enough. Unfortunately, from inception, the law has been so encumbered with the breadth of its own language and bewildering definitions that even the courts have wrestled with determining what constitutes a ... Continue Reading
Turning Up The Heat: Increased Risks For Outdoor Workers During Summer Months
As the temperature rises, so does the potential for certain injuries and heat-related illnesses, especially amongst Georgia's outdoor workers. As the temperature rises, so does the potential for certain injuries and heat-related illnesses, especially amongst Georgia’s outdoor workers. In Georgia, high temperatures combined with high humidity during the summer months create especially harsh conditions for some Georgia workers, increasing the potential for certain injuries and illnesses, including: heat stress, heat exhaustion, and even heat stroke. Hot conditions make strokes and heart attacks more ... Continue Reading
The Occurrence Void In Georgia
In occurrence based insurance policies, whether there has been an occurrence is a threshold matter in determining whether the insurer may have to provide coverage for an insured. In the last five to ten years, what constitutes an occurrence has become somewhat muddled in Georgia lawIn occurrence based insurance policies, whether there has been an occurrence is a threshold matter in determining whether the insurer may have to provide coverage for an insured. In the last five to ten years, what constitutes an occurrence has become somewhat muddled in Georgia law. The Georgia Supreme Court has not yet issued a comprehensive opinion on whether defective ... Continue Reading
Pocketful Of Kryptonite: Court Of Appeals Finds No Superadded Injury Where Treatment Was Unauthorized And Not Reasonable
A compensable work injury is rarely a simple matter. In addition to the many issues that arise regarding the treatment of the injury and the return of the claimant to the workforce, there is the potential for complication when an injured part affects and incapacitates another part that was not affected in the underlying accident. A compensable work injury is rarely a simple matter. In addition to the many issues that arise regarding the treatment of the injury and the return of the claimant to the workforce, there is the potential for complication when an injured part affects and incapacitates another part that was not affected in the underlying ... Continue Reading
It’s Time To Circle The Wagons: Practical Tips For Employers To Lawfully Prevent Union Organization
It is beyond reasonable dispute that the current political environment is very pro-union.“We’re ready to take the offense for organized labor. It’s time we have a President who didn’t choke saying the word ‘union.’ We need to strengthen our unions by letting them do what they do best: organize our workers.” President Barrack Obama, November 13, 2007 It is beyond reasonable dispute that the current political environment is very pro-union. In these challenging economic times, it is critical for employers to know the rules of what they can and cannot do to avoid the legal risk of being charged with an unfair ... Continue Reading
Break Periods: Why An Injury During Work Hours Does Not Always Equal A Work Injury
he question often arises whether an injury suffered by an employee while on a "break period" classifies as a compensable injury. The question often arises whether an injury suffered by an employee while on a “break period” classifies as a compensable injury. Georgia courts have widely held that injuries during personal time are not considered compensable even if they occur during the work day while on the employer’s premises. In Wilkie v. Travelers Insurance Co., 124 Ga. App. 714, 185 S.E. 2d 783 (1971), the Court adopted the ruling in Ocean Acc. & Guarantee Corp. v. Farr, 180 Ga. 266, where ... Continue Reading