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
Illegal Aliens And The Georgia Workers’ Compensation Act
A conservative estimate of the number of illegal aliens living in is between 228,000 and 250,000. The majority of illegal aliens work in low paying jobs that require the performance of heavy physical labor and are often inherently dangerous, such as food processing and construction workA conservative estimate of the number of illegal aliens living in is between 228,000 and 250,000. The majority of illegal aliens work in low paying jobs that require the performance of heavy physical labor and are often inherently dangerous, such as food processing and construction work. Consequently, ’s workers’ compensation attorneys have seen a rise in claims filed by illegal aliens ... Continue Reading
Georgia’s Long Arm Statute Expanded To Include Ebay Sales
Georgia has joined the long list of states and foreign countries that have exerted personal jurisdiction over faraway individuals and businesses that transact business over the Internet.Georgia has joined the long list of states and foreign countries that have exerted personal jurisdiction over faraway individuals and businesses that transact business over the Internet. Only last year, the Georgia Supreme Court greatly expanded Georgia’s ability to assert jurisdiction over businesses whose sole contact with the state was merely through postal mail and telephone calls. (Innovative Clinical &Consulting Services v. First National Bank, 279 Ga. 672 ... Continue Reading
Foreseeability Does Not Always Extend An Employer’s Duty Of Care Under Georgia Law
In CSX Transportation, Inc. v. Williams, 278 Ga. 888, 608 S.E.2d 208 (2005), the Supreme Court of Georgia answered the following question certified to the court by the United States Court of Appeals for the Eleventh Circuit:In CSX Transportation, Inc. v. Williams, 278 Ga. 888, 608 S.E.2d 208 (2005), the Supreme Court of Georgia answered the following question certified to the court by the United States Court of Appeals for the Eleventh Circuit: Whether Georgia negligence law imposes any duty on an employer to a third-party non-employee, who comes into contact with its employee's asbestos-tainted work clothing at locations away from the workplace, such as the employee's ... Continue Reading