There is no dispute that every individual is entitled to a certain degree of privacy in his medical history and medical records. There is no dispute that every individual is entitled to a certain degree of privacy in his medical history and medical records. However, often times, one’s medical history is a crucial factor in assessing the compensability of a workers’ compensation claim and a free exchange of information was certainly facilitate that. Therefore, it seems reasonable that a fixed rule limiting discovery into one’s medical history would not be appropriate in workers’ ... Continue Reading
Mediating Workers’ Compensation Claims: Practice And Procedure
The benefits of mediation are well documented which is why it has become such popular form of dispute resolution. The benefits of mediation are well documented which is why it has become such popular form of dispute resolution. It is particularly beneficial in workers’ compensation cases as mediation provides the parties a civil atmosphere in which to discuss their differences and resolve issues efficiently as they arise. Mediations at the State Board can be conducted to resolve medical issues and rehabilitation issues but, is primarily used and, is most effective, in settlement of claims. Settlement mediations ... Continue Reading
Holding The Bag And Other Worthwhile Endeavors: The Standing Of Judgment Creditors In Bankruptcy
After a lengthy and costly legal brawl, you've obtained a monetary judgment against a back-sliding individual defendant. Let's call him Marley Bankrupt. After a lengthy and costly legal brawl, you've obtained a monetary judgment against a back-sliding individual defendant. Let's call him Marley Bankrupt. During litigation, you learned that Marley works as the manager of a small company, enjoys a nice salary, and owns a pair of vehicles. With excitement, you instruct your attorney (Ms. S.K. Rouge) to begin preparing post-judgment collection documents, including bank garnishments and wage ... Continue Reading
Dekalb County Board Of Education V. Singleton: Revisiting The Compensability Of Psychological Injuries In Workers’ Compensation Cases
Georgia Employer's routinely encounter workers' compensation claims seeking lost-time benefits and/or medical treatment for alleged psychological injuries. Georgia Employer’s routinely encounter workers’ compensation claims seeking lost-time benefits and/or medical treatment for alleged psychological injuries. While it is well established that a psychological injury must be preceded by or accompanied by a physical injury, the types of psychological injuries that are compensable and the evidence required to prove such injuries is far less clear. The ... Continue Reading
Americans With Disabilities Act Grows, As Do Concerns For Employers
The Americans with Disabilities Act of 1990 ("ADA") has created its fair share of hurdles for employers and legal professionals alike.The Americans with Disabilities Act of 1990 (“ADA”) has created its fair share of hurdles for employers and legal professionals alike. Of course, the purpose of the ADA - to prevent workplace discrimination of individuals with disabilities and to make more available accommodations for those individuals – is appropriate enough. Unfortunately, from inception, the law has been so encumbered with the breadth of its own language and bewildering definitions that even the courts have wrestled with determining what constitutes a ... Continue Reading