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
The Good, The Bad, And The Ugly Of A Claimant’s Incarceration And How It Effects Entitlement To Workers’ Compensation Benefits
As we all know, some of the injured employees we encounter in the workers' compensation arena are not the most honest or "law"-abiding citizens.The Good As we all know, some of the injured employees we encounter in the workers’ compensation arena are not the most honest or “law”-abiding citizens. In fact, we have all probably encountered an employee who has sustained a compensable on-the-job injury, begins to receive indemnity benefits, and, low and behold, ends up in jail or worse, in prison. It is at this point that the effects of a claimant’s incarceration on his/her ... Continue Reading
Property Corner
In the last few months, the Georgia Court of Appeals has delivered two opinions testing the limits of the one-year suit limitation clause. In the last few months, the Georgia Court of Appeals has delivered two opinions testing the limits of the one-year suit limitation clause. In both cases, even in the face of increasingly pro-insured facts, the Court of Appeals enforced the one-year suit limitation. Even though both of these decisions predate the changes in the one-year suit limitation (making it a two-year suit limitation) enforced by the Georgia Insurance Commissioner, the factual patterns of both these cases should be very ... Continue Reading
Idiopathic Injuries: Did Harris V. Peach County Rock The Chaparral Boats?
In the recent case of Harris v. Peach County Board of Commissioners, the Georgia Court of Appeals rocked the proverbial Chaparral Boats when it classified an injury sustained when a Claimant bent over to pick up a personal item as a compensable work injury rather than an idiopathic injury. In the recent case of Harris v. Peach County Board of Commissioners, the Georgia Court of Appeals rocked the proverbial Chaparral Boats when it classified an injury sustained when a Claimant bent over to pick up a personal item as a compensable work injury rather than an idiopathic injury. “Idiopathic” refers to a condition ... Continue Reading
Does The Equal Protection Clause Entitle Nonresident Aliens To Death Benefits?
Employers are often surprised to learn that undocumented or illegal aliens are, under Georgia law (and the laws of most states), eligible for workers' compensation benefits. Employers are often surprised to learn that undocumented or illegal aliens are, under Georgia law (and the laws of most states), eligible for workers’ compensation benefits. This is generally true even when the undocumented alien presents false documents (e.g., a fake social security card) to procure employment in the first place. Of course, justice lies at the heart of this rule, and ... Continue Reading