The question of whether a volunteer is covered under an employer's workers' compensation policy seems like an easy question. Most would think that a volunteer is not an employee and therefore is not covered The question of whether a volunteer is covered under an employer’s workers’ compensation policy seems like an easy question. Most would think that a volunteer is not an employee and therefore is not covered. Unfortunately, the answer is not always that simple. Multiple factors affect whether a volunteer may receive benefits under the Georgia Workers’ Compensation Act (“Act”). This article examines ... Continue Reading
Georgia Supreme Court Affirms Application Of Attorney Fees Cap Commercial Leases
Many leases for commercial retail space contain "loser pays" attorney fees provisions, which enable the prevailing party in landlord/tenant litigation to collect reasonable attorney fees. Many leases for commercial retail space contain “loser pays” attorney fees provisions, which enable the prevailing party in landlord/tenant litigation to collect reasonable attorney fees. Although prevailing party attorney fees provisions are generally enforceable in Georgia, there are some important limitations and “reasonable attorney fees” does not always mean “actual attorney fees.” Neither commercial ... Continue Reading
“The MMPI II – Faking Bad Scale” And Potential Use In Georgia Workers’ Compensation Claims
Recently, a prominent pain management physician brought to our attention a test that is being included by some neuropsychologists and pain specialists in their evaluations of workers' compensation claimants Recently, a prominent pain management physician brought to our attention a test that is being included by some neuropsychologists and pain specialists in their evaluations of workers’ compensation claimants. Entitled the “Faking Bad Scale” (hereinafter “FBS”), it was developed to measure the propensity of patients to exaggerate their symptoms and complaints and is now included with the MMPI – II testing ... Continue Reading
Theft, Robbery And Shoplifting: An “Honest” Day’s Work? Impeaching A Witness With Prior Convictions Under Georgia’s New Standard
In countless workers' compensation claims, the sole witness to an on-the-job injury is the claimant himself. Therefore, many cases turn on the credibility of the witnesses when establishing whether an accident occurred.In countless workers’ compensation claims, the sole witness to an on-the-job injury is the claimant himself. Therefore, many cases turn on the credibility of the witnesses when establishing whether an accident occurred. For that reason, a claimant’s prior criminal convictions can play an integral role in discrediting his testimony at trial. In , it had long been established that a witness could be impeached at trial by evidence of a prior ... Continue Reading
Subrogation, Assignments And Loan Receipts In Georgia Property Insurance: An Update
In the Spring 1995 issue of the Georgia State Bar Journal, Subrogation, Assignments, and Loan Receipts in Georgia Property Insurance: A Walk Through the Maze the writers explored the rules and pitfalls of property insurance subrogation.In the Spring 1995 issue of the Georgia State Bar Journal, Subrogation, Assignments, and Loan Receipts in Georgia Property Insurance: A Walk Through the Maze the writers explored the rules and pitfalls of property insurance subrogation.[1] Since that time, the Georgia Court of Appeals has handed down new full-bench cases, expanding on one of the principles treated in the article. At paragraph IV. Minefields, subparagraph C. ... Continue Reading
Reid V. Georgia Building Authority: Examining The Claimant’s Burden Of Proof In Requests For Catastrophic Designation
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