In a standard residential real estate purchase transaction, there are generally six (6) separate contracts in play...1. INTRODUCTION In a standard residential real estate purchase transaction, there are generally six (6) separate contracts in play: (1) the Purchase and Sale Agreement; (2) the buyer’s contract with the lender; (3) the seller’s contract with listing broker; (4) the buyer’s contract with selling broker; (5) the commission agreement between listing broker and selling broker; and (6) the real estate agents’ independent contractor ... Continue Reading
Employer Alert: The EEOC Is Targeting Leave Policies That Violate The ADA
With the passage of the Americans With Disabilities Amendment Act of 2008 ("ADAA"), which expanded coverage of the Americans With Disabilities Act ("ADA" or the "Act"), the federal government has made no secret of the fact that they are ramping up enforcement of the ADA. With the passage of the Americans With Disabilities Amendment Act of 2008 (“ADAA”), which expanded coverage of the Americans With Disabilities Act (“ADA” or the “Act”), the federal government has made no secret of the fact that they are ramping up enforcement of the ADA. Now more than ever, employers must carefully consider how they ... Continue Reading
The Scope Of Discovery Pursuant To The Statutory Amendment To O.C.G.A. § 34-9-207.
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