The "change in condition" statute of limitations contained in O.C.G.A. § 34-9-104(b) has historically been one of the more confusing provisions of Georgia's Workers' Compensation Act. The “change in condition” statute of limitations contained in O.C.G.A. § 34-9-104(b) has historically been one of the more confusing provisions of Georgia’s Workers’ Compensation Act. And when it comes to the law, confusion breeds litigation. The Georgia Court of Appeals recently took another step towards clarifying this provision in United Grocery Outlet v. ... Continue Reading
Journal Celebrates 20 Years
This newsletter has been published faithfully and uninterrupted every other month for the past 20 years. This newsletter has been published faithfully and uninterrupted every other month for the past 20 years. The JOURNAL is symbolic of not only Drew, Eckl & Farnham’s stability and long term presence in the community, but also our consistent and unrelenting efforts over many years to provide our clients with complete personal service by keeping them informed and abreast of important issues. Over the last two decades, more than a thousand articles have ... Continue Reading
Excuses, Excuses: What Constitutes A Proper Case To Open Default After Bellsouth V. Future Communications?V
A Georgia defendant is "in default" after failure to file a required answer within 30 days or failure to answer an amended complaint when ordered to do so by the Court. A Georgia defendant is “in default” after failure to file a required answer within 30 days or failure to answer an amended complaint when ordered to do so by the Court. After the case has been in default for fifteen days the Court may enter default judgment, at which point the Defendant effectively loses its opportunity to defend the case on the merits: the allegations of the complaint are deemed admitted and the Court will only hear evidence regarding ... Continue Reading
Department Of Insurance Changes To Suit Limitations Periods Cannot Be Applied Retroactively
On April 21, 2008, United States District Court Judge Orinda D. Evans held that the emergency regulations issued and subsequently adopted by the Georgia Insurance Commissioner's Office... On April 21, 2008, United States District Court Judge Orinda D. Evans held that the emergency regulations issued and subsequently adopted by the Georgia Insurance Commissioner’s Office (hereinafter “the Commissioner”) in 2006, which changed the suit limitation for certain property insurance policies to two years, cannot be applied retrospectively to extend the suit limitations period for losses filed under policies written or renewed prior to the ... Continue Reading
Can An Employee Bring A Federal Rico Claim Against Employer And Insurer In Relation To A Workers’ Compensation Claim? Landmark Decision Says Yes.
A Sixth Circuit Court recently came to a decision that will have a considerable impact across the country for workers' compensation carriers. A Sixth Circuit Court recently came to a decision that will have a considerable impact across the country for workers’ compensation carriers. The Court in Brown, et. al. v. Cassens Transport Co., et. al., 2008 WL 4658643 (6th Cir.) ruled that a group of employees’ Racketeer Influenced and Corrupt Organizations Act (“RICO”) claim could proceed against an employer, claims adjuster, and doctor (“Defendants”) who allegedly engaged in mail and wire fraud ... Continue Reading