Volume 23 No. 136 July 2011

The retrieval and review of medical records is one of the most critical components of litigating a workers' compensation claim. O.C.G.A     The retrieval and review of medical records is one of the most critical components of litigating a workers’ compensation claim.  O.C.G.A. § 34-9-207 states that: When an employee has submitted a claim for workers’ compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, that employee shall be deemed to have waived any privilege confidentiality concerning any communications related to the claim or history or treatment of injury arising from the ... Continue Reading

It seems no one today is immune from the rising costs of health care. As a result, more and more insurers are seeking alternative ways in which to curb expenses and reduce           It seems no one today is immune from the rising costs of health care.  As a result, more and more insurers are seeking alternative ways in which to curb expenses and reduce total exposure per claim.  One common example is the increasing prevalence of actions by group health insurers seeking reimbursement for payments made to, or on behalf of, an injured worker, which arguably should have been the primary responsibility of a workers’ compensation insurance carrier or ... Continue Reading

The general rule is that an injury that occurs when an employee is traveling to or from work is not compensable because the injury does not arise out        The general rule is that an injury that occurs when an employee is traveling to or from work is not compensable because the injury does not arise out of or in the course of employment. Mayor & Aldermen of Savannah v. Stevens, 278 Ga. App. 166, 598 S.E.2d 166 (2004).  However, it is also well established that an injury that occurs during a reasonable period of ingress or egress on the employer’s premises is compensable.Peoples v. Emory University, 206 Ga. App. 213, 424 S.E.2d 874 ... Continue Reading

Spoliation is the "destruction or failure to preserve evidence that is necessary to contemplated or pending litigation." Kitchens v. Brusman, 303 Ga. App.     Spoliation is the “destruction or failure to preserve evidence that is necessary to contemplated or pending litigation.”  Kitchens v. Brusman, 303 Ga. App. 703, 704, 694 S.E.2d 667, 669 (2010) (internal quotations omitted).  Destroying or failing to preserve evidence can wreak havoc on the ability to defend a case.  This is not just because evidence is missing or destroyed.  A court has the wide discretion to craft sanctions against the party who compromised the evidence, even if ... Continue Reading