Attorney's fees – usually paired with requests for litigation costs, it is often thrown into a hearing request whether justified or not.Attorney’s fees – usually paired with requests for litigation costs, it is often thrown into a hearing request whether justified or not. Unfortunately, once it is on the table, it has to be dealt with, lest it become the unseen bullet, leaving a hole for money to leak through. While some attorneys are amenable to negotiating attorney’s fees outside of a hearing request, many times, it comes down the decision of the ALJ in whether to award them, and how much to award. There are several grounds on which to ... Continue Reading
Subrogation: Can An Insurer Seek Punitive Damages Through The Use Of A Loan Receipt?
A "loan receipt" between an insured and an insurer creates a legal fiction whereby an insurer "loans" the insured money in response to a claim to establish subrogation rights. See American Chain & Cable Co., Inc. v. Brunson,157 Ga. App. 833, 278 S.E.2d 719 (1981).VOLUME 20, NO. 115 JANUARY 2008 A “loan receipt” between an insured and an insurer creates a legal fiction whereby an insurer “loans” the insured money in response to a claim to establish subrogation rights. See American Chain & Cable Co., Inc. v. Brunson,157 Ga. App. 833, 278 S.E.2d 719 (1981). The basis for the “loan receipt” is the insured’s claim under an ... Continue Reading
Redefining Horseplay: Relaxing The Workers’ Compensation Bar To Employee Suits Against Co-Workers
Under law if an employee steps aside from the duties of his employment to engage in horseplay or practical joking, or so engages while performing his duties, and an accidental injury results, the resulting injury is not compensable. Under law if an employee steps aside from the duties of his employment to engage in horseplay or practical joking, or so engages while performing his duties, and an accidental injury results, the resulting injury is not compensable. Bibb Manufacturing Company v. Cowan, 85 App. 816 (1952). This is especially true when the injured employee is the aggressor or instigator of the horseplay, American Fire and ... Continue Reading
A General Overview Of Death Benefits Pursuant To Georgia Workers’ Compensation Law
One of the most dreaded and difficult workers' compensation scenarios an employer can face is the death of an employee. Although employee deaths are fortunately rare, every employer should understand the workers' compensation implications of such an event. One of the most dreaded and difficult workers’ compensation scenarios an employer can face is the death of an employee. Although employee deaths are fortunately rare, every employer should understand the workers’ compensation implications of such an event. An employee’s death may be compensable under the Georgia Workers’ Compensation Act. The ... Continue Reading
What To Do When OSHA Shows Up
Having recently participated in an on site OSHA (Occupational Safety & Health Administration) investigation following a serious accident at an Employer's facility, I gained some insight for Employers on OSHA matters. Having recently participated in an on site OSHA (Occupational Safety & Health Administration) investigation following a serious accident at an Employer’s facility, I gained some insight for Employers on OSHA matters. Within hours of the accident, OSHA arrived on the scene and began their analysis of health and safety issues. The focus of the investigation was helpful for addressing ... Continue Reading
Last Call For Those Who Serve Alcohol
With the holidays rapidly approaching, a sober review of 's liquor liability law is appropriate for any server of alcohol, whether the server is a bar, a restaurant, or even a neighbor. With the holidays rapidly approaching, a sober review of ’s liquor liability law is appropriate for any server of alcohol, whether the server is a bar, a restaurant, or even a neighbor. A. ANY SOCIAL HOST CAN BE LIABLE FOR SERVING ALCOHOL IN CONNECTION WITH OPERATING A ... Continue Reading
Debunking The Myth Of Daubert: The Chance Of Excluding Plaintiff’s Expert From Testifying Is Easier Than You Think
Sometimes clients are hesitant to attempt to exclude plaintiff's testifying experts because they believe the probability of excluding the expert is low. Sometimes clients are hesitant to attempt to exclude plaintiff’s testifying experts because they believe the probability of excluding the expert is low. This reasoning has some justification because ’s relatively new expert witness statute, O.C.G.A. § 24-9-67.1 which was enacted in 2005, does not have very many appellate decisions to provide guidance to the trial courts. This has led to the perception that some trial court’s may not understand or may not ... Continue Reading
Axson Timber Co. V. Wilson: Clarifying The Scope Of The “Premises” Requirement In Statutory Employer Claims
In order to ensure that employees of subcontractors in construction and other industries are covered by workers' compensation insurance, O.C.G.A. § 34-9-8 provides that, in certain situations, a "principal, intermediate, or subcontractor" may be liable for workers' compensation benefits to an employee of its subcontractor. In order to ensure that employees of subcontractors in construction and other industries are covered by workers’ compensation insurance, O.C.G.A. § 34-9-8 provides that, in certain situations, a “principal, intermediate, or subcontractor” may be liable for workers’ compensation benefits to an employee of ... Continue Reading
Timley Payment Of Income Benefits Revisited: Renu Thrift Store, Inc. Et.Al V. Figueroa
O.C.G.A. §34-9-221(b) and Board Rule 221(b) requires that indemnity benefits be commenced on the twenty-first day after an employer has knowledge or notice of disability caused by a compensable injury. O.C.G.A. §34-9-221(b) and Board Rule 221(b) requires that indemnity benefits be commenced on the twenty-first day after an employer has knowledge or notice of disability caused by a compensable injury. Because of these strict time constraints, often times benefits are commenced based on an erroneous average weekly wage because the insurer may not have enough time to obtain actual wage records from the employer before twenty-one days ... Continue Reading
Is The Dwelling The Insured’s Residence?
The Court of Appeals recently rejected a couple's attempt to have damage to a dwelling covered under their homeowner's policy based on their intent to use the dwelling as their residence despite the fact that the couple never resided in the dwelling. The Court of Appeals recently rejected a couple’s attempt to have damage to a dwelling covered under their homeowner’s policy based on their intent to use the dwelling as their residence despite the fact that the couple never resided in the dwelling. In Varsalona v. Auto-Owners Insurance Company, 281 App. 644, 637 ... Continue Reading