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
Recent Developments In Change In Condition
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