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wrote an article discussing settling the claim of a minor in the state of Georgia.Since that time, the legislature has repealed those laws in favor of a new set of statutes governing these settlements.A couple of years ago, I wrote an article discussing settling the claim of a minor in the state of Georgia.Since that time, the legislature has repealed those laws in favor of a new set of statutes governing these settlements.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