Volume 19 No. 113 September 2007

O.C.G.A. §34-9-221(b) and Board Rule 221(b) requires that indemnity benefits be commenced on the twenty-first day after an employer has knowledge or notice of disability caused by a compensable injury.            O.C.G.A. §34-9-221(b) and Board Rule 221(b) requires that indemnity benefits be commenced on the twenty-first day after an employer has knowledge or notice of disability caused by a compensable injury. Because of these strict time constraints, often times benefits are commenced based on an erroneous average weekly wage because the insurer may not have enough time to obtain actual wage records from the employer before twenty-one days ... Continue Reading

The Court of Appeals recently rejected a couple's attempt to have damage to a dwelling covered under their homeowner's policy based on their intent to use the dwelling as their residence despite the fact that the couple never resided in the dwelling.             The Court of Appeals recently rejected a couple’s attempt to have damage to a dwelling covered under their homeowner’s policy based on their intent to use the dwelling as their residence despite the fact that the couple never resided in the dwelling.             In Varsalona v. Auto-Owners Insurance Company, 281 App. 644, 637 ... Continue Reading

An unfortunate reality of many work-related injuries is that injured employees suffer severe permanent disabilities that call for attendant care.             An unfortunate reality of many work-related injuries is that injured employees suffer severe permanent disabilities that call for attendant care.  Often times when an employee suffers an injury to his spine and loses, or impairs the function in his legs or arms, he needs someone by his side to help perform activities of daily living and also provide the necessary care that goes along with such a severe impairment.  Many of these duties require intimate contact with the injured worker ... Continue Reading

On August 10, 2007, the Department of Homeland Security ("DHS") released an advance copy of its final regulation, "Safe Harbor Procedures for Employers who Receive a No-Match Letter."I.   INTRODUCTION             On August 10, 2007, the Department of Homeland Security (“DHS”) released an advance copy of its final regulation, “Safe Harbor Procedures for Employers who Receive a No-Match Letter.”  The DHS regulation describes the procedure that an employer can follow in response to receiving a “No-Match” letter from the Social Security Administration (“SSA”) ... Continue Reading

Many first party insurers are reporting a rise in bankruptcy filings and adversary proceedings in bankruptcy among their insureds, and this trend is not likely to alter in the near future given the economic outlook of the real estate market.Many first party insurers are reporting a rise in bankruptcy filings and adversary proceedings in bankruptcy among their insureds, and this trend is not likely to alter in the near future given the economic outlook of the real estate market.  In those situations in which an insured files a first party claim while in the midst of a bankruptcy proceeding, the question arises concerning the effect of the bankruptcy on the ongoing claim and the ... Continue Reading