As we all know, some of the injured employees we encounter in the workers' compensation arena are not the most honest or "law"-abiding citizens.The Good As we all know, some of the injured employees we encounter in the workers’ compensation arena are not the most honest or “law”-abiding citizens. In fact, we have all probably encountered an employee who has sustained a compensable on-the-job injury, begins to receive indemnity benefits, and, low and behold, ends up in jail or worse, in prison. It is at this point that the effects of a claimant’s incarceration on his/her ... Continue Reading
Property Corner
In the last few months, the Georgia Court of Appeals has delivered two opinions testing the limits of the one-year suit limitation clause. In the last few months, the Georgia Court of Appeals has delivered two opinions testing the limits of the one-year suit limitation clause. In both cases, even in the face of increasingly pro-insured facts, the Court of Appeals enforced the one-year suit limitation. Even though both of these decisions predate the changes in the one-year suit limitation (making it a two-year suit limitation) enforced by the Georgia Insurance Commissioner, the factual patterns of both these cases should be very ... Continue Reading
Idiopathic Injuries: Did Harris V. Peach County Rock The Chaparral Boats?
In the recent case of Harris v. Peach County Board of Commissioners, the Georgia Court of Appeals rocked the proverbial Chaparral Boats when it classified an injury sustained when a Claimant bent over to pick up a personal item as a compensable work injury rather than an idiopathic injury. In the recent case of Harris v. Peach County Board of Commissioners, the Georgia Court of Appeals rocked the proverbial Chaparral Boats when it classified an injury sustained when a Claimant bent over to pick up a personal item as a compensable work injury rather than an idiopathic injury. “Idiopathic” refers to a condition ... Continue Reading
Does The Equal Protection Clause Entitle Nonresident Aliens To Death Benefits?
Employers are often surprised to learn that undocumented or illegal aliens are, under Georgia law (and the laws of most states), eligible for workers' compensation benefits. Employers are often surprised to learn that undocumented or illegal aliens are, under Georgia law (and the laws of most states), eligible for workers’ compensation benefits. This is generally true even when the undocumented alien presents false documents (e.g., a fake social security card) to procure employment in the first place. Of course, justice lies at the heart of this rule, and ... Continue Reading
American Recovery & Reinvestment Act: Changes To Cobra And Required Action By Employers
On February 17, 2009, President Barack Obama signed the American Recovery and Reinvestment Act of 2009 (the "Act") into law. On February 17, 2009, President Barack Obama signed the American Recovery and Reinvestment Act of 2009 (the “Act”) into law. One of the most significant provisions of the Act for employers is the changes it makes to insurance provided under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). These changes affect both the federal COBRA provisions and the Public Health Service Act program that provides similar extension benefits for public programs. The subsidy provisions contained ... Continue Reading