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
American Recovery & Reinvestment Act: Changes To Cobra And Required Action By Employers
On February 17, 2009, President Barack Obama signed the American Recovery and Reinvestment Act of 2009 (the "Act") into law. On February 17, 2009, President Barack Obama signed the American Recovery and Reinvestment Act of 2009 (the “Act”) into law. One of the most significant provisions of the Act for employers is the changes it makes to insurance provided under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). These changes affect both the federal COBRA provisions and the Public Health Service Act program that provides similar extension benefits for public programs. The subsidy provisions contained ... Continue Reading
The Property Corner Question of the Month:
WHAT CONSTITUTES VACANCY IN ORDER TO EXCLUDE A PROPERTY CLAIM?WHAT CONSTITUTES VACANCY IN ORDER TO EXCLUDE A PROPERTY CLAIM? ANSWER: COURTS OF DIFFERENT STATES EVALUATE FACTORS INCLUDING NATURE OF THE PROPERTY, PRESENCE OF APPLIANCES AND FURNITURE, VISITS TO THE PROPERTY, AND ACTUAL HABITATION. ... Continue Reading
Severance Pay: To Take Credit Or Not In Tough Economic Times
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