To receive a catastrophic designation under the current version of O.C.G.A. § 34-9-200.1 (g)(6) a Claimant has the burden of proving both "prongs" under the statute. To receive a catastrophic designation under the current version of O.C.G.A. § 34-9-200.1 (g)(6) a Claimant has the burden of proving both “prongs” under the statute. Specifically, they must show that the injury prevents them from being able to perform 1) their prior work; and 2) any work available in substantial number within the national economy for which the Claimant is otherwise qualified. O.C.G.A. § 34-9-200.1 (g)(6). ... Continue Reading
Psychological Injury Claims Remain An Insignificant Proportion Of All Workers’ Compensation Claims, But What Is To Come?
Generally, when a person has an accident at work and sustains a physical injury, absent a few exceptions, the result is usually compensable. However, if a person is involved in an on-the-job injury, which results in a "psychological" injury, there is a question whether this injury should be deemed compensable under the Workers' Compensation Act. Generally, when a person has an accident at work and sustains a physical injury, absent a few exceptions, the result is usually compensable. However, if a person is involved in an on-the-job injury, which results in a “psychological” injury, there is a question whether this injury ... Continue Reading
Printing Your Own Money With “Pieces Of Paper”: Lessons Learned And Effective Strategies For Collecting Your Judgments
The collection of a judgment is often the final lap of a long race. Whether you are dealing with a breach of contract, a car accident, or an open account, you are forced to file a lawsuit to collect the amount you are owed. You prevail and the judge enters judgment in your favor. Now what? The collection of a judgment is often the final lap of a long race. Whether you are dealing with a breach of contract, a car accident, or an open account, you are forced to file a lawsuit to collect the amount you are owed. You prevail and the judge enters judgment in your favor. Now ... Continue Reading
Immune From Liability As A Statutory Employer? Guess Again!
O.C.G.A. § 34-9-11, the exclusive remedy provision of the Georgia Workers' Compensation Act provides that an employees rights and remedies under the act exclude all other rights an employee may have as a result of a work place accident that causes injury, loss of service, or death to an employee except the right to bring an action against the third party tortfeasor. O.C.G.A. § 34-9-11, the exclusive remedy provision of the Georgia Workers’ Compensation Act provides that an employees rights and remedies under the act exclude all other rights an employee may have as a result of a work place accident that causes injury, loss of service, or ... Continue Reading
Storage Companies: Be Wary Of Georgia’s Self-Storage Facility Act With Respect To Foreclosing On Abandoned Vehicles
If you are a storage company and you want to foreclose upon or remove automobiles parked or stored on your property in the event that rent is not paid in a timely manner, be wary of 's Self-Storage Facility Act.If you are a storage company and you want to foreclose upon or remove automobiles parked or stored on your property in the event that rent is not paid in a timely manner, be wary of ’s Self-Storage Facility Act. The essence of the issue is whether law allows self-storage facilities to sell a vehicle left in a space subject to lien foreclosure. The straight answer is that the law is unclear. The safest way to resolve the situation is to follow the usual ... Continue Reading
Recent And Proposed Changes To The Family And Medical Leave Act (“Fmla”): Is Your Policy In Compliance?
On January 28, 2008, President Bush signed into law the Family Leave in Connection with Injured Members of the Armed Forces Act (the "Act.")On January 28, 2008, President Bush signed into law the Family Leave in Connection with Injured Members of the Armed Forces Act (the “Act.”) Among other things, the Act amends the FMLA to permit a “spouse, son, daughter, parent, or next of kin” to take up to 26 workweeks of leave to care for a “member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability ... Continue Reading
Impeachment
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
Illegal Aliens’ Entitlement To Workers’ Compensation Benefits: Employer/Insurers Scramble For A Defense
Immigration reform is one of the nation's foremost concerns. After failed attempts to reform federal immigration law, many states have introduced legislation directly impacting illegal immigrants with respect to public assistance, medical care and employment. Immigration reform is one of the nation’s foremost concerns. After failed attempts to reform federal immigration law, many states have introduced legislation directly impacting illegal immigrants with respect to public assistance, medical care and employment. In , new legislation may be a precursor to barring workers’ compensation benefits to illegal aliens. This article ... Continue Reading
House Bill 661: A Sign Of The Times
Over the past several years practitioners in the workers' compensation area have seen numerous attempts by entities seeking reimbursement for monies paid to, or on behalf of, an injured worker, and which possibly should have been the responsibility of a workers' compensation insurance carrier or self‑insurer.Over the past several years practitioners in the workers’ compensation area have seen numerous attempts by entities seeking reimbursement for monies paid to, or on behalf of, an injured worker, and which possibly should have been the responsibility of a workers’ compensation insurance carrier or self‑insurer. Medicare, Medicaid and disability benefit providers are ... Continue Reading
Under Certain Circumstances Construction Defect Claims Against Contractors May Be Barred Under Georgia Law
In addition to the trial defenses available to a contractor accused of negligent design or construction, law provides contractors with defenses which may entitle them to judgment as a matter of law under certain circumstances. In addition to the trial defenses available to a contractor accused of negligent design or construction, law provides contractors with defenses which may entitle them to judgment as a matter of law under certain circumstances. These legal defenses are derived from ’s statute of repose, and ’s common law “acceptance ... Continue Reading