An unfortunate reality of many work-related injuries is that injured employees suffer severe permanent disabilities that call for attendant care. An unfortunate reality of many work-related injuries is that injured employees suffer severe permanent disabilities that call for attendant care. Often times when an employee suffers an injury to his spine and loses, or impairs the function in his legs or arms, he needs someone by his side to help perform activities of daily living and also provide the necessary care that goes along with such a severe impairment. Many of these duties require intimate contact with the injured worker ... Continue Reading
How To Protect Your Workplace From The Department Of Homeland Security’s New Enforcement Measures
On August 10, 2007, the Department of Homeland Security ("DHS") released an advance copy of its final regulation, "Safe Harbor Procedures for Employers who Receive a No-Match Letter."I. INTRODUCTION On August 10, 2007, the Department of Homeland Security (“DHS”) released an advance copy of its final regulation, “Safe Harbor Procedures for Employers who Receive a No-Match Letter.” The DHS regulation describes the procedure that an employer can follow in response to receiving a “No-Match” letter from the Social Security Administration (“SSA”) ... Continue Reading
Debt Relief, But No Free Ride — Filing Bankruptcy Does Not Excuse An Insured From Failing To Comply With Duties Under The Policy
Many first party insurers are reporting a rise in bankruptcy filings and adversary proceedings in bankruptcy among their insureds, and this trend is not likely to alter in the near future given the economic outlook of the real estate market.Many first party insurers are reporting a rise in bankruptcy filings and adversary proceedings in bankruptcy among their insureds, and this trend is not likely to alter in the near future given the economic outlook of the real estate market. In those situations in which an insured files a first party claim while in the midst of a bankruptcy proceeding, the question arises concerning the effect of the bankruptcy on the ongoing claim and the ... Continue Reading
Wal-Mart Stores, Inc. Et Al V. Parker And Timely Appeals
In Wal-Mart Stores, Inc. et al v. Parker, A06A2277 (2007), the Court of Appeals ruled that it was error for the superior court to deny the Employer and Insurer's motion to have a judgment vacated and reentered so they could seek appeal in the Court of Appeals. In Wal-Mart Stores, Inc. et al v. Parker, A06A2277 (2007), the Court of Appeals ruled that it was error for the superior court to deny the Employer and Insurer’s motion to have a judgment vacated and reentered so they could seek appeal in the Court of Appeals. Here, the Claimant was awarded income benefits by ... Continue Reading
Laser Printers In The Workplace: The Next Waive Of Claims?
Recent media sources report that some home and office laser printers pose serious health risks and may spew out as much particulate matter as a cigarette smoker inhales. Recent media sources report that some home and office laser printers pose serious health risks and may spew out as much particulate matter as a cigarette smoker inhales. With this technology ubiquitous, and if the preliminary research holds true, then it is only a matter of time before workers will be filing claims under the Workers’ Compensation Act, and this article will analyze the potential preliminary issues. Researchers Suggest ... Continue Reading
Five Random Thoughts About Subrogation Recovery
I have had the opportunity to assist insurance carriers with subrogation recovery for many more years that I care to think about. What follows are five "random thoughts" that I would like to share with you based upon my experiences as subrogation counsel.I have had the opportunity to assist insurance carriers with subrogation recovery for many more years that I care to think about. What follows are five "random thoughts" that I would like to share with you based upon my experiences as subrogation counsel. Frankly, most of these experiences were bad ones. My successes as a subrogation counsel tend to blur and fade away, but those times when I have ... Continue Reading
Avoiding Procedural Pitfalls In Statutory Change In Condition Cases
O.C.G.A. §34-9-104(a)(2), first enacted in 1992 as part of a substantial revision of the Workers' Compensation Act, has proven invaluable to employers and insurers in reducing their overall economic exposure in cases where a claimant has been released to return to light-duty work by the authorized treating physician but, for any number of reasons, has failed to do so. O.C.G.A. §34-9-104(a)(2), first enacted in 1992 as part of a substantial revision of the Workers’ Compensation Act, has proven invaluable to employers and insurers in reducing their overall economic exposure in cases where a claimant has been released to return to light-duty ... Continue Reading
Workers’ Compensation Subrogation: Federal Intervention
What happens when an employer has a worker's compensation lien, the injured employee then sues thetortfeasor in state court, but the case get removed to federal court on diversity grounds? Can the employer intervene? What if intervention would destroy the complete diversity requirement for federal court jurisdiction? Can the employer still recover on its' lien?What happens when an employer has a worker’s compensation lien, the injured employee then sues thetortfeasor in state court, but the case get removed to federal court on diversity grounds? Can the employer intervene? What if intervention would destroy the complete diversity requirement for ... Continue Reading
When “Bring Your Gun To Work” Comes To Your Workplace: Practical Tips For Conducting Employee Searches
At some point, the shadow of employee misconduct crosses over every employer. Such misconduct can take on many forms, from employee theft to drug and alcohol use on-the-job.At some point, the shadow of employee misconduct crosses over every employer. Such misconduct can take on many forms, from employee theft to drug and alcohol use on-the-job. Given the wide range of improper activities that employees may engage in, which may in turn give rise to significant liability for employers, prudent employers are interested in protecting themselves. As such, the question that consistently arises is: what methods can an employer use to monitor its employees? This ... Continue Reading
Recent Rulings In Hurricane Katrina Claims Could Prove Extremely Detrimental To Insurers
Judge L.T. Senter is the sole federal judge presiding over Hurricane Katrina claims in the Southern District of Mississippi and his recent rulings in these cases could spell a world of trouble for insurers. Judge L.T. Senter is the sole federal judge presiding over Hurricane Katrina claims in the Southern District of Mississippi and his recent rulings in these cases could spell a world of trouble for insurers. In these hurricane loss claims, much of the dispute centers around what portion of the insured’s loss is covered wind damage and what portion was caused by flooding excluded under their homeowners ... Continue Reading