Volume 21 No. 124 July 2009

As the temperature rises, so does the potential for certain injuries and heat-related illnesses, especially amongst Georgia's outdoor workers.            As the temperature rises, so does the potential for certain injuries and heat-related illnesses, especially amongst Georgia’s outdoor workers.  In Georgia, high temperatures combined with high humidity during the summer months create especially harsh conditions for some Georgia workers, increasing the potential for certain injuries and illnesses, including:  heat stress, heat exhaustion, and even heat stroke.  Hot conditions make strokes and heart attacks more ... Continue Reading

In occurrence based insurance policies, whether there has been an occurrence is a threshold matter in determining whether the insurer may have to provide coverage for an insured. In the last five to ten years, what constitutes an occurrence has become somewhat muddled in Georgia lawIn occurrence based insurance policies, whether there has been an occurrence is a threshold matter in determining whether the insurer may have to provide coverage for an insured.  In the last five to ten years, what constitutes an occurrence has become somewhat muddled in Georgia law.  The Georgia Supreme Court has not yet issued a comprehensive opinion on whether defective ... Continue Reading

A compensable work injury is rarely a simple matter. In addition to the many issues that arise regarding the treatment of the injury and the return of the claimant to the workforce, there is the potential for complication when an injured part affects and incapacitates another part that was not affected in the underlying accident.        A compensable work injury is rarely a simple matter.  In addition to the many issues that arise regarding the treatment of the injury and the return of the claimant to the workforce, there is the potential for complication when an injured part affects and incapacitates another part that was not affected in the underlying ... Continue Reading

It is beyond reasonable dispute that the current political environment is very pro-union.“We’re ready to take the offense for organized labor.  It’s time we have a President who didn’t choke saying the word ‘union.’  We need to strengthen our unions by letting them do what they do best: organize our workers.”  President Barrack Obama, November 13, 2007 It is beyond reasonable dispute that the current political environment is very pro-union.  In these challenging economic times, it is critical for employers to know the rules of what they can and cannot do to avoid the legal risk of being charged with an unfair ... Continue Reading

he question often arises whether an injury suffered by an employee while on a "break period" classifies as a compensable injury.            The question often arises whether an injury suffered by an employee while on a “break period” classifies as a compensable injury.  Georgia courts have widely held that injuries during personal time are not considered compensable even if they occur during the work day while on the employer’s premises.  In Wilkie v. Travelers Insurance Co., 124 Ga. App. 714, 185 S.E. 2d 783 (1971), the Court adopted the ruling in Ocean Acc. & Guarantee Corp. v. Farr, 180 Ga. 266, where ... Continue Reading