In addition to the trial defenses available to a contractor accused of negligent design or construction, law provides contractors with defenses which may entitle them to judgment as a matter of law under certain circumstances. In addition to the trial defenses available to a contractor accused of negligent design or construction, law provides contractors with defenses which may entitle them to judgment as a matter of law under certain circumstances. These legal defenses are derived from ’s statute of repose, and ’s common law “acceptance ... Continue Reading
The Defensive And Offensive Approach To Attorney’s Fees: How To Avoid (And Request) Them.
Attorney's fees – usually paired with requests for litigation costs, it is often thrown into a hearing request whether justified or not.Attorney’s fees – usually paired with requests for litigation costs, it is often thrown into a hearing request whether justified or not. Unfortunately, once it is on the table, it has to be dealt with, lest it become the unseen bullet, leaving a hole for money to leak through. While some attorneys are amenable to negotiating attorney’s fees outside of a hearing request, many times, it comes down the decision of the ALJ in whether to award them, and how much to award. There are several grounds on which to ... Continue Reading
Subrogation: Can An Insurer Seek Punitive Damages Through The Use Of A Loan Receipt?
A "loan receipt" between an insured and an insurer creates a legal fiction whereby an insurer "loans" the insured money in response to a claim to establish subrogation rights. See American Chain & Cable Co., Inc. v. Brunson,157 Ga. App. 833, 278 S.E.2d 719 (1981).VOLUME 20, NO. 115 JANUARY 2008 A “loan receipt” between an insured and an insurer creates a legal fiction whereby an insurer “loans” the insured money in response to a claim to establish subrogation rights. See American Chain & Cable Co., Inc. v. Brunson,157 Ga. App. 833, 278 S.E.2d 719 (1981). The basis for the “loan receipt” is the insured’s claim under an ... Continue Reading
Redefining Horseplay: Relaxing The Workers’ Compensation Bar To Employee Suits Against Co-Workers
Under law if an employee steps aside from the duties of his employment to engage in horseplay or practical joking, or so engages while performing his duties, and an accidental injury results, the resulting injury is not compensable. Under law if an employee steps aside from the duties of his employment to engage in horseplay or practical joking, or so engages while performing his duties, and an accidental injury results, the resulting injury is not compensable. Bibb Manufacturing Company v. Cowan, 85 App. 816 (1952). This is especially true when the injured employee is the aggressor or instigator of the horseplay, American Fire and ... Continue Reading
A General Overview Of Death Benefits Pursuant To Georgia Workers’ Compensation Law
One of the most dreaded and difficult workers' compensation scenarios an employer can face is the death of an employee. Although employee deaths are fortunately rare, every employer should understand the workers' compensation implications of such an event. One of the most dreaded and difficult workers’ compensation scenarios an employer can face is the death of an employee. Although employee deaths are fortunately rare, every employer should understand the workers’ compensation implications of such an event. An employee’s death may be compensable under the Georgia Workers’ Compensation Act. The ... Continue Reading