Partly thanks to the benefit of technological advances, it is now common for adjusters to handle workers' compensation claims from separate parts of the country.Partly thanks to the benefit of technological advances, it is now common for adjusters to handle workers’ compensation claims from separate parts of the country. A Georgia claim might be handled by an adjuster outside of Atlanta, or by an adjuster working out of Lexington, Kentucky or Fargo, North Dakota. In such claims handled by an adjuster outside of Georgia, an issue arises when an obstinate claimant’s counsel pushes for the deposition of the out-of-state adjuster to be held in ... Continue Reading
A Global Offer Of Settlement From One Plaintiff To Multiple Defendants: Take It Or Leave It?
With the enactment of Senate Bill 3 by the Georgia General Assembly on February 15, 2005, for the first time under Georgia law, an "offer of settlement" rule was created. With the enactment of Senate Bill 3 by the Georgia General Assembly on February 15, 2005, for the first time under Georgia law, an “offer of settlement” rule was created. The initial version of the law was quickly declared unconstitutional, and the General Assembly responded the following year be enacting House Bill 239. As a result, the constitutional issues were addressed and Georgia’s offer of settlement rule was reinstated. The effect ... Continue Reading
Narrowing The Universality Of Workers’ Compensation Benefits
A difficult issue for courts to determine is what to do with undocumented workers within the context of the workers' compensation system. A difficult issue for courts to determine is what to do with undocumented workers within the context of the workers’ compensation system. Generally, an undocumented worker has the right under the Georgia Workers’ Compensation Act to file a claim and receive both medical and indemnity benefits. In support of that position, the Courts state the policy that they do not want to encourage employers to hire undocumented workers by exempting them from the workers’ compensation ... Continue Reading
Misrepresentations In Hiring: How To Effectively Use The Rycroft Defense
The Rycroft defense allows a claim to be denied based on an employee misrepresentation. The Rycroft defense allows a claim to be denied based on an employee misrepresentation. In Georgia Elec. Co. v. Rycroft, 259 Ga. 155, 378 S.E. 2d 111 (1989), the Court held that an employment contract can be terminated when an employee misrepresents his pre-employment physical condition during the interview process. A misrepresentation can also preclude an employee from receiving workers’ compensation benefits. A three-factor test was used ... Continue Reading
Is Your Volunteer An “Employee”?
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