In workers' compensation claims, we all want to obtain every credit entitlement that we can for our clients, and in accepted claims the main method of obtaining some form of credit is by timely filing a WC-243 form for Credit. In workers’ compensation claims, we all want to obtain every credit entitlement that we can for our clients, and in accepted claims the main method of obtaining some form of credit is by timely filing a WC-243 form for Credit. Now, while the law clearly states that we can take credit for employer-funded portion of payments per a wage-continuation plan, disability insurance plan, or disability plan – it ... Continue Reading
Federal Stimulus Package Subsidizes Health Insurance Premiums Under Cobra
Among the many programs implemented in the wake of the current economic crisis is one particularly relevant for those involved with reductions in force and other job eliminations. Among the many programs implemented in the wake of the current economic crisis is one particularly relevant for those involved with reductions in force and other job eliminations. The federal government's economic stimulus package includes a money subsidy to provide short-term assistance paying health insurance costs for those who recently lost jobs or who will lose jobs in coming ... Continue Reading
Death Of A Salesman: New Case Expands Zamora Presumption In Unexplained Death Cases
Georgia courts will presume that an employee's death arises out of and in the course of employment when: 1) the employee is found dead at a place he might reasonably be expected to be in performance of his job; and 2) the death is unexplained. Georgia courts will presume that an employee’s death arises out of and in the course of employment when: 1) the employee is found dead at a place he might reasonably be expected to be in performance of his job; and 2) the death is unexplained. The seminal case establishing this presumption is Zamora v. Coffee General. ... Continue Reading
Bragg V. Oxford Construction Co. And Georgia’s Acceptance Doctrine In The Context Of Negligent Road Construction Litigation
In Georgia, road construction and traffic jams have become unpleasant and unavoidable facts of life to motorists navigating its interstates.VOLUME 21, NO. 122 MARCH 2009 In Georgia, road construction and traffic jams have become unpleasant and unavoidable facts of life to motorists navigating its interstates. With the reliance upon automobile travel comes the risk of multi-vehicle accidents, including garden-variety fender benders, such as sideswipes and rear-enders, as well as more serious occurrences involving bodily injury or death. Some accidents may involve only one vehicle where drivers sustain personal injury or ... Continue Reading
Arbitrating Nursing Home Claims In The Context Of Pending Litigation
Over the past decade, professional malpractice claims against long term care facilities in Georgia have increased exponentially. Traditionally, professional medical malpractice claims were asserted against hospitals, physicians, nurses, and other acute care medical providers. Over the past decade, professional malpractice claims against long term care facilities in Georgia have increased exponentially. Traditionally, professional medical malpractice claims were asserted against hospitals, physicians, nurses, and other acute care medical providers. However, the landscape of litigation against long term care providers began to ... Continue Reading
Month: Can An Insurer Defend A Denial Of A Claim For When The Insured’s Damaged Property Was Not Listed In The Insured’s Bankruptcy Petition?
ANSWER: YES, DEPENDING ON THE FACTS OF THE CLAIM AND THE STATE WHERE THE CLAIM IS PENDING.ANSWER: YES, DEPENDING ON THE FACTS OF THE CLAIM AND THE STATE WHERE THE CLAIM IS PENDING. The applicable doctrine to this set of facts is the doctrine of judicial estoppel that prevents a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding. Based on the factors set forth by the United States Supreme Court, the insurer can defend denying a claim based on judicial estoppel if the insurer can show that (1) the ... Continue Reading
Surfing The Web For Effective Claim Handling
With the exponential growth of the Internet over the past decade, an immense amount of information is now readily available to the public through relatively little effort. With the exponential growth of the Internet over the past decade, an immense amount of information is now readily available to the public through relatively little effort. Unlike a library, this information is accessible at virtually any time without leaving one’s home or office. The purpose of this article is to discuss ideas for using the Internet in handling and defending workers’ compensation (or any other personal injury) claims. In ... Continue Reading
Resurrection And Res Judicata
We have all experienced the long road leading the trial. The Claimant requests income benefits from his date of accident to the present and continuing. We have all experienced the long road leading the trial. The Claimant requests income benefits from his date of accident to the present and continuing. We exchange formal discovery, interview witnesses, depose the Claimant – possibly a doctor or two, review mountains of medical records, and finally, try the claim. The hard work all pays off when the Administrative Law Judge finds the Employer/Insurer have met their burden, or defended the claim strongly enough ... Continue Reading
Impeachment Under Georgia Law
Impeachment of a witness is the process by which the laws of evidence allow the attorney to call into question the credibility of a person who is testifying at a trial. Impeachment of a witness is the process by which the laws of evidence allow the attorney to call into question the credibility of a person who is testifying at a trial. There are several ways to impeach a witness, which include: 1) showing that the witness is biased for or against a certain party, 2) showing that the witness has made prior inconsistent statements, 3) showing that the witness had a physical or mental limitation, and therefore could not have accurately ... Continue Reading
United Grocery Outlet V. Bennett: Clarifying The “Change In Condition” Statute Of Limitations
The "change in condition" statute of limitations contained in O.C.G.A. § 34-9-104(b) has historically been one of the more confusing provisions of Georgia's Workers' Compensation Act. The “change in condition” statute of limitations contained in O.C.G.A. § 34-9-104(b) has historically been one of the more confusing provisions of Georgia’s Workers’ Compensation Act. And when it comes to the law, confusion breeds litigation. The Georgia Court of Appeals recently took another step towards clarifying this provision in United Grocery Outlet v. ... Continue Reading