This article was written before Drew, Eckl & Farnham individually indexed its Journal Publications.This article was written before Drew, Eckl & Farnham individually indexed its Journal Publications. Click here to view the issue ... Continue Reading
Insolvency Pool Coverage For Former SEUS Insureds
This summer, Georgia Governor Sonny Purdue signed into a law a bill that allows employers whose previous workers compensation insurance carriers wentThis summer, Georgia Governor Sonny Purdue signed into a law a bill that allows employers whose previous workers compensation insurance carriers went out of business to pay into the insolvency pool to cover claims left hanging by the insolvency. This law was largely in response to the October 2009 liquidation of Southeastern US Insurance Co. (SEUS). At the time of its liquidation, SEUS was the state’s eighth largest workers’ compensation carrier. As a captive insurer, SEUS was exempt ... Continue Reading
Driving Miss Conduct: A Glance At The Georgia Workers’ Compensation Exclusion For Injuries Caused By An Employee’s Traffic Violation
VOLUME 22, NO. 131 SEPTEMBER 2010 As a general rule, under O.C.G.A. § 34-9-17(a), injured employees are precluded from receiving workers’ compensation benefits from an otherwise compensable injury when the employee’s injury is caused by willful misconduct. However, the employer/insurer has the burden of proving that the preponderance of the evidence shows that the willful misconduct at the time of the accident was the proximate cause of the employee’s injury. Thus, the question often arises, “What type of conduct constitutes willful ... Continue Reading
Court Of Appeals Clarifies That Claimant’s Spouse Was Not Precluded From Recovering Attendant Care Services. Medical Office Management Et Al V. Hardee, 693 S.E. 2nd 103 (Ga. App. 2010).
In Hardee, the Court of Appeals held that a claimant/spouse was not precluded from recovering the cost of attendant care services which were medically In Hardee, the Court of Appeals held that a claimant/spouse was not precluded from recovering the cost of attendant care services which were medically prescribed and which the employer refused to provide. The Claimant, Peggy Hardee, was struck in the head with a cashbox during a robbery. Thereafter, she had significant memory problems which caused her to forget to turn off the electrical appliances such as the stove, and she would often become dizzy and fall. Due to Hardee’s ... Continue Reading