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
Atlanta Federal District Court Upholds One-Year Suit Limitation In Mold Case
An Atlanta Federal District Court recently upheld the application of a one-suit limitation to claims involving an allegation of latent damage involving mold in the case of Balkcom v. USAA Casualty Ins. Co. (Civil Action File No.: 1:04-CV-2348-TCB). An Atlanta Federal District Court recently upheld the application of a one-suit limitation to claims involving an allegation of latent damage involving mold in the case of Balkcom v. USAA Casualty Ins. Co. (Civil Action File No.: 1:04-CV-2348-TCB). In that case, the insureds, Mr. and Mrs. Balkcom, had a covered water loss ... Continue Reading