Volume 20 No. 118 July 2008

A difficult issue for courts to determine is what to do with undocumented workers within the context of the workers' compensation system.            A difficult issue for courts to determine is what to do with undocumented workers within the context of the workers’ compensation system.  Generally, an undocumented worker has the right under the Georgia Workers’ Compensation Act to file a claim and receive both medical and indemnity benefits.  In support of that position, the Courts state the policy that they do not want to encourage employers to hire undocumented workers by exempting them from the workers’ compensation ... Continue Reading

The Rycroft defense allows a claim to be denied based on an employee misrepresentation.            The Rycroft defense allows a claim to be denied based on an employee misrepresentation.  In Georgia Elec. Co. v. Rycroft, 259 Ga. 155, 378 S.E. 2d 111 (1989), the Court held that an employment contract can be terminated when an employee misrepresents his pre-employment physical condition during the interview process.  A misrepresentation can also preclude an employee from receiving workers’ compensation benefits.              A three-factor test was used ... Continue Reading

The question of whether a volunteer is covered under an employer's workers' compensation policy seems like an easy question. Most would think that a volunteer is not an employee and therefore is not covered             The question of whether a volunteer is covered under an employer’s workers’ compensation policy seems like an easy question.  Most would think that a volunteer is not an employee and therefore is not covered.  Unfortunately, the answer is not always that simple.  Multiple factors affect whether a volunteer may receive benefits under the Georgia Workers’ Compensation Act (“Act”).  This article examines ... Continue Reading

Many leases for commercial retail space contain "loser pays" attorney fees provisions, which enable the prevailing party in landlord/tenant litigation to collect reasonable attorney fees.            Many leases for commercial retail space contain “loser pays” attorney fees provisions, which enable the prevailing party in landlord/tenant litigation to collect reasonable attorney fees.  Although prevailing party attorney fees provisions are generally enforceable in Georgia, there are some important limitations and “reasonable attorney fees” does not always mean “actual attorney fees.”  Neither commercial ... Continue Reading

Recently, a prominent pain management physician brought to our attention a test that is being included by some neuropsychologists and pain specialists in their evaluations of workers' compensation claimants            Recently, a prominent pain management physician brought to our attention a test that is being included by some neuropsychologists and pain specialists in their evaluations of workers’ compensation claimants. Entitled the “Faking Bad Scale” (hereinafter “FBS”), it was developed to measure the propensity of patients to exaggerate their symptoms and complaints and is now included with the MMPI – II testing ... Continue Reading