Georgia nuisance law provides a potential remedy for landowners whose property has been damaged by the activities of a developer, neighboring landowner, or municipality. Georgia nuisance law provides a potential remedy for landowners whose property has been damaged by the activities of a developer, neighboring landowner, or municipality. O.C.G.A. § 41-1-1 defines a nuisance as "anything that causes hurt, inconvenience, or damage to another and the fact that the act done may be otherwise lawful shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or such as would affect only one ... Continue Reading
Practical Tips For Employee Discipline And Discharge
His resume looked great and his interview was terrific. As soon as he left the room, you made the decision to hire him immediately.His resume looked great and his interview was terrific. As soon as he left the room, you made the decision to hire him immediately. Fast-forward seven months. Your employee is simply not pulling his weight on the job and you need to fire him. You sit down with your Human Resources manager to review his file, which you expect to contain various written warnings about job performance and perhaps a negative review. But his file is empty. Do you go ahead and fire him anyway? Or, do you keep him on the payroll for a while longer until you can document his ... Continue Reading
Long Standing Subrogation Rights Affirmed
The Georgia Court of Appeals recently confirmed that subrogation rights will not pass to an insurer until payment under the policy has been made.The Georgia Court of Appeals recently confirmed that subrogation rights will not pass to an insurer until payment under the policy has been made. In the case of Auto Owners Ins. Co. v. Parks, the Georgia Court of Appeals considered whether an insurer has standing to pursue subrogation, even though it had not made payment under the policy. Auto Owners Ins. Co. v. Parks, 2006 Ga. App. LEXIS 343, *1 (Ga. Ct. App. Mar. 24, 2006). Auto Owners was sued by its insured, Grant Stepp Equipment, to collect on an insurance ... Continue Reading
Board Forms: A Refresher
Workers' Compensation is a very form-driven area of the law. Almost every action the Employer/Insurer takes is required to be documented via some board form.Workers’ Compensation is a very form-driven area of the law. Almost every action the Employer/Insurer takes is required to be documented via some board form. Thus, it is very important to ensure that all board forms are correctly and timely filed. This is especially true since recent cases indicate a trend toward strict technical compliance with the Board rules regarding form filings and notice given to employees. Employers, adjusters, and attorneys file numerous board forms every day. Thus, many become so used to filing forms by ... Continue Reading