Having recently participated in an on site OSHA (Occupational Safety & Health Administration) investigation following a serious accident at an Employer's facility, I gained some insight for Employers on OSHA matters. Having recently participated in an on site OSHA (Occupational Safety & Health Administration) investigation following a serious accident at an Employer’s facility, I gained some insight for Employers on OSHA matters. Within hours of the accident, OSHA arrived on the scene and began their analysis of health and safety issues. The focus of the investigation was helpful for addressing ... Continue Reading
Last Call For Those Who Serve Alcohol
With the holidays rapidly approaching, a sober review of 's liquor liability law is appropriate for any server of alcohol, whether the server is a bar, a restaurant, or even a neighbor. With the holidays rapidly approaching, a sober review of ’s liquor liability law is appropriate for any server of alcohol, whether the server is a bar, a restaurant, or even a neighbor. A. ANY SOCIAL HOST CAN BE LIABLE FOR SERVING ALCOHOL IN CONNECTION WITH OPERATING A ... Continue Reading
Debunking The Myth Of Daubert: The Chance Of Excluding Plaintiff’s Expert From Testifying Is Easier Than You Think
Sometimes clients are hesitant to attempt to exclude plaintiff's testifying experts because they believe the probability of excluding the expert is low. Sometimes clients are hesitant to attempt to exclude plaintiff’s testifying experts because they believe the probability of excluding the expert is low. This reasoning has some justification because ’s relatively new expert witness statute, O.C.G.A. § 24-9-67.1 which was enacted in 2005, does not have very many appellate decisions to provide guidance to the trial courts. This has led to the perception that some trial court’s may not understand or may not ... Continue Reading
Axson Timber Co. V. Wilson: Clarifying The Scope Of The “Premises” Requirement In Statutory Employer Claims
In order to ensure that employees of subcontractors in construction and other industries are covered by workers' compensation insurance, O.C.G.A. § 34-9-8 provides that, in certain situations, a "principal, intermediate, or subcontractor" may be liable for workers' compensation benefits to an employee of its subcontractor. In order to ensure that employees of subcontractors in construction and other industries are covered by workers’ compensation insurance, O.C.G.A. § 34-9-8 provides that, in certain situations, a “principal, intermediate, or subcontractor” may be liable for workers’ compensation benefits to an employee of ... Continue Reading