WHAT CONSTITUTES VACANCY IN ORDER TO EXCLUDE A PROPERTY CLAIM?WHAT CONSTITUTES VACANCY IN ORDER TO EXCLUDE A PROPERTY CLAIM? ANSWER: COURTS OF DIFFERENT STATES EVALUATE FACTORS INCLUDING NATURE OF THE PROPERTY, PRESENCE OF APPLIANCES AND FURNITURE, VISITS TO THE PROPERTY, AND ACTUAL HABITATION. ... Continue Reading
Severance Pay: To Take Credit Or Not In Tough Economic Times
In workers' compensation claims, we all want to obtain every credit entitlement that we can for our clients, and in accepted claims the main method of obtaining some form of credit is by timely filing a WC-243 form for Credit. In workers’ compensation claims, we all want to obtain every credit entitlement that we can for our clients, and in accepted claims the main method of obtaining some form of credit is by timely filing a WC-243 form for Credit. Now, while the law clearly states that we can take credit for employer-funded portion of payments per a wage-continuation plan, disability insurance plan, or disability plan – it ... Continue Reading
Federal Stimulus Package Subsidizes Health Insurance Premiums Under Cobra
Among the many programs implemented in the wake of the current economic crisis is one particularly relevant for those involved with reductions in force and other job eliminations. Among the many programs implemented in the wake of the current economic crisis is one particularly relevant for those involved with reductions in force and other job eliminations. The federal government's economic stimulus package includes a money subsidy to provide short-term assistance paying health insurance costs for those who recently lost jobs or who will lose jobs in coming ... Continue Reading
Death Of A Salesman: New Case Expands Zamora Presumption In Unexplained Death Cases
Georgia courts will presume that an employee's death arises out of and in the course of employment when: 1) the employee is found dead at a place he might reasonably be expected to be in performance of his job; and 2) the death is unexplained. Georgia courts will presume that an employee’s death arises out of and in the course of employment when: 1) the employee is found dead at a place he might reasonably be expected to be in performance of his job; and 2) the death is unexplained. The seminal case establishing this presumption is Zamora v. Coffee General. ... Continue Reading
Arbitrating Nursing Home Claims In The Context Of Pending Litigation
Over the past decade, professional malpractice claims against long term care facilities in Georgia have increased exponentially. Traditionally, professional medical malpractice claims were asserted against hospitals, physicians, nurses, and other acute care medical providers. Over the past decade, professional malpractice claims against long term care facilities in Georgia have increased exponentially. Traditionally, professional medical malpractice claims were asserted against hospitals, physicians, nurses, and other acute care medical providers. However, the landscape of litigation against long term care providers began to ... Continue Reading