The firm recently obtained a very notable victory before the Georgia Court of Appeals in the case of Reliance Electric Co. v. Brightwell.The firm recently obtained a very notable victory before the Georgia Court of Appeals in the case of Reliance Electric Co. v. Brightwell. This Court of Appeals decision is favorable for employer/insurers inasmuch as it confirms the principle that substance should take precedence over form in regard to the employer/insurer’s burden of establishing a change in condition for the better. The primary issue before the Court of Appeals was whether the failure to provide a claimant with ten days notice prior to the suspension of benefits ... Continue Reading
Georgia Adopts New Standard Fire Policy. 12 Month Suit Limitation, “Trap For The Unwary,” Gone
In 2006, operating under enabling rules, Georgia Insurance Commissioner John Oxendine revised the Standard Fire Insurance Policy for the purpose of expanding the twelve month suit limitation. In 2006, operating under enabling rules, Georgia Insurance Commissioner John Oxendine revised the Standard Fire Insurance Policy for the purpose of expanding the twelve month suit limitation. O.C.G.A. § 33-32-1 establishes the “Standard fire policy,” requiring that no fire policy issued shall fail to conform to all provisions of the “sequence of the standard uniform form prescribed by the ... Continue Reading
Ante Litem Notice And Contribution Claims: Balancing Sufficiency And Timeliness
Georgia law requires any individual or entity that may bring a claim against a government entity to provide that government entity with notice (ante litem notice) of the potential claim prior to filing of the suit or claim. Georgia law requires any individual or entity that may bring a claim against a government entity to provide that government entity with notice (ante litem notice) of the potential claim prior to filing of the suit or claim. The ante litem notice must be served on the government entity per statutory specifications and must be served within the statutory time frame. In Georgia, three ... Continue Reading
Rehabilitation Counselor V. Rehabilitation Supplier Avoiding Defense Problems In Change In Condition Litigation
The recent Georgia Court of Appeals' holding in Korner v. Education Management Corporation, 2006 Ga. App. LEXIS 1089, illustrates how important it is not only to obtain the best qualified witness in support of your defense, but also to obtain evidence which corroborates the witnesses' opinions. The recent Georgia Court of Appeals’ holding in Korner v. Education Management Corporation, 2006 Ga. App. LEXIS 1089, illustrates how important it is not only to obtain the best qualified witness in support of your defense, but also to obtain evidence which corroborates the witnesses’ opinions. It is no secret that employers and ... Continue Reading
Insufficient Service Of Process: More Than A Technical Defense
The commencement of a lawsuit comes as a surprise to many insureds. For others, it is nearly an everyday occurrence. Whether an insured is a rookie or a seasoned veteran in their experience accepting process, the plaintiff's task of serving process correctly remains constant. The commencement of a lawsuit comes as a surprise to many insureds. For others, it is nearly an everyday occurrence. Whether an insured is a rookie or a seasoned veteran in their experience accepting process, the plaintiff’s task of serving process correctly remains constant. The filing of the complaint tolls the statute of limitations ... Continue Reading
Boxed In? The Dilemma Employers And Insurers Face In Change In Condition Cases
Is there a statute of limitations in change in condition claims where only permanent partial disability benefits (PPD), but no temporary total or temporary partial disability benefits have been paid?Is there a statute of limitations in change in condition claims where only permanent partial disability benefits (PPD), but no temporary total or temporary partial disability benefits have been paid? It is well established that payment of permanent partial disability constitutes income benefits, which makes a claim compensable. It is also understood that when a claimant receives permanent partial disability benefits and seeks additional income benefits, his future claim for ... Continue Reading
Trampling The “Change In Condition” Statute—The Supreme Court And Footstar
Before the Footstar case, relative to a "change in condition", in the absence of an award and payment of income benefits, a "change in condition" could not result from a "medical only" claim.Before the Footstar case, relative to a “change in condition”, in the absence of an award and payment of income benefits, a “change in condition” could not result from a “medical only” claim. Without payment of income benefits, as Administrative Law Judge Stenger reasoned at the trial level, the subsequent disability date must then constitute a “fictional new injury.” Footstar, Inc., et. al. , Inc. v. Stevens, 620 S.E. 2d 288,275 ... Continue Reading
Minor Settlements Revisited
couple of years ago, I wrote an article discussing settling the claim of a minor in the state of Georgia.Since that time, the legislature has repealed those laws in favor of a new set of statutes governing these settlements.A couple of years ago, I wrote an article discussing settling the claim of a minor in the state of Georgia.Since that time, the legislature has repealed those laws in favor of a new set of statutes governing these settlements. The goal, I think, of many of the changes was to avoid some of the problems encountered under the old rules. It has now been over a year since the legislature enacted O.C.G.A. §29-3-3, so there has been some time to observe the ... Continue Reading
Attorney/Client Privilege & E-Mail
E-mail has changed the way law firms do business. Not only does it save time, it allows for efficiency in managing large discovery matters.E-mail has changed the way law firms do business. Not only does it save time, it allows for efficiency in managing large discovery matters. With convenience comes concern over the security of privileged information. The attorney/client privilege could be waived when you hit send. Waiver has yet to be directly addressed by Georgia State Courts, though there is some guidance from Federal Court. ’s view encourages lawyers to simply be honest with each other in inadvertent e-mail disclosure situations. More direction on preserving this privilege is ... Continue Reading
Medicare Set-Aside Trusts: Latest Cms Policy Effectively Bars Closure Of Many Claims
Effective January 1, 2006, all Medicare set-aside agreement (MSA) must include the cost of prescription drugs.Effective January 1, 2006, all Medicare set-aside agreement (MSA) must include the cost of prescription drugs. The effect of this decision has ballooned the cost of MSA’s. Employers and Insurers must now face the reality that many cases involving current or potential recipients of Social Security Disability Benefits have now become prohibitively expensive to settle. For many years, Medicare paid for medical treatment for injured workers even when the treatment covered work-related injuries or illnesses. However, those days ended when the Center for Medicare & ... Continue Reading