The COVID-19 pandemic sent a large percentage of the workforce out of the traditional office and into the remote workspace. While many companies are beginning to phase back into onsite work for their employees, a recent poll from Pew Research suggests over half the current workforce hopes to continue working from home even after the pandemic is over. Additionally, many companies are even reporting increased productivity and decreased overhead costs, so it appears the pandemic will have a lasting impact on where employees are located during work hours for a large portion of American workforce. For workers’ compensation purposes, this undoubtedly places the employer and insurer at a ... Continue Reading
A Hard Rain’s A-Gonna Fall: Hail Damage, Appraisal, And Lam V. Allstate
The appraisal process provides a mechanism by which homeowners and insurance companies may quickly and relatively inexpensively resolve disputes concerning the amount of damages in a covered loss. The appraisal provision allows the value of covered damages to be objectively determined without risks associated with trial. Appraisal provisions are valid and binding, and in Georgia such provisions are patterned after the Standard Fire Policy. Oftentimes carriers will encounter a situation where the insured contends that the issue of whether certain damages are covered under the policy impacts the amount of loss, and thus the insured invokes appraisal in order to include those ... Continue Reading
Medical Litigation Funding: How to Spot It and How to Fight It
On the surface, medical litigation funding and lien-based medical treatment provide a necessary service to individuals injured in an accident who would not otherwise be able to afford medical treatment. However, this noble veneer hides the potential ethical and legal turmoil of artificially inflated medical bills, questionable procedures, and a complex web of relationships between referral sources, medical providers, and third-party funding companies that may result from efforts to maximize an “investment” in the bodily injury claim or lawsuit. Skeptics of third-party funding believe these practices are at least partially to blame for the recent increase in so-called “nuclear verdicts” ... Continue Reading
The Impact of Ownership, Control, and Maintenance on the Compensability of Parking Lot Injuries
In 2019, the Georgia Court of Appeals revisited the question of whether an injury that occurs in a parking while an employee is on his/her way to or from work is compensable under the Georgia Workers' Compensation Act if the parking lot is neither owned, controlled, nor maintained by the Employer. In Smith v. Camarena, 835 S.E.2d 712 (Ga. Ct. App. 2019), an employee of a grocery store was fatally shot during a robbery that occurred while she was speaking to a co-worker in the parking lot on her way to her car after work. It was established as fact by the trial court that the employee had clocked out and was speaking with her co-worker about personal issues at the time of the accident. Like ... Continue Reading
Timely Disclosure of Expert Witnesses in the United States District Court for the Northern District of Georgia
The local rules for the Federal District Court for the Northern District of Georgia may provide a basis for the exclusion of a proposed expert disclosed by a plaintiff after the close of discovery. The Federal Rules of Civil Procedure set forth and govern the procedures in all civil actions and proceedings in the United States district courts with the goal of to secure the just, speedy, and inexpensive determination of every action and proceeding. Fed. R. Civ. P. 1. Federal District Courts are permitted to adopt local rules that are binding on litigants and not inconsistent with the Federal Rule or other statutes. Fed. R. Civ. P. 83. Cohen v. Carnival Cruise Lines, Inc., 782 F.2d 923 ... Continue Reading
AWW-CALCULATION CLARIFICATION
Workers compensation benefits in Georgia are awarded on a weekly basis to compensate an injured worker for lost future earnings resulting from an on the job injury. To establish the amount of weekly compensation an injured worker is entitled to be paid a determination of the employee’s average weekly wage has to be made. In Georgia the primary basis for computing the average weekly wage will, in most cases, be the wages earned by the employee during the thirteen weeks immediately preceding the injury date. A form WC-6 wage statement listing the injured workers wages for the thirteen weeks preceding the accident must be filed by the Employer/Insurer whenever the weekly benefit paid is less ... Continue Reading
COVID-19 FAQs For February 2021
Can you require employees to routinely submit for COVID testing? Do you have to notify other employees if there is a COVID exposure at your business? COVID-19 regulations are changing everyday. Attorney Dan Kniffen has answered some of the most frequently asked questions to help you know what to do when it comes to staying safe in the workplace and handling COVID-19 the right way. ... Continue Reading
Interactive Map: First Party COVID-19 Cases In the U.S.
Our firm has launched an Interactive Map for First Party COVID-19 cases throughout the U.S. The map documents the location of the courts who have issued opinions on COVID-19 first party property cases. Partner Karen Karabinos has provided a short summary of the ruling along with the style of the case, the case number, the court who issued the opinion, the date the case was filed and the date the court issued the opinion. If your would like to receive access to the map and receive weekly updates from Partner Karen Karabinos, sign up now! Sign Up ... Continue Reading
Litigation and Medical Funding: The Often Overlooked but Critical Distinction Between Discoverability and Admissibility
Litigation and medical funding have been hot topics in the legal world for some time. In its most basic form, litigation funding allows a plaintiff to obtain a cash advance from a third-party lender while their case is pending to cover expenses like medical bills, while medical funding primarily assists the medical provider by purchasing that provider’s accounts receivables at a much lower rate, providing immediate payment to the provider (versus the provider having to wait until settlement of plaintiff’s case), and allowing the plaintiff to treat on a lien basis. In exchange, the plaintiff agrees to repay the third-party lender from any proceeds recovered. Typically, these advances are ... Continue Reading
Think Twice Before Treating your Independent Contractor like an Employee
Can you hire your own employee as an independent contractor and avoid liability for their on the job injury? The answer is sometimes yes, but employers should be careful. Recently, the Georgia Court of Appeals delivered an opinion in line with the general rule that that an employer is under no duty to take affirmative steps to guard or protect the contractor’s employees against the consequences of the contractor’s negligence or to provide for their safety. In Wilson v. Guy, a construction worker, Hunter Guy, brought a negligence action against the owner of the construction company, Robert Wilson, for injuries he received while performing property maintenance work for the ... Continue Reading