Volume 24 No. 141 May 2012

One of the prevailing trends in the American work force today is the ability to work from home, or "telecommute." Although fifteen          One of the prevailing trends in the American work force today is the ability to work from home, or “telecommute.”  Although fifteen years ago this concept was nearly unheard of, due to recent advances in information technology, telecommuting is becoming more common in almost every area of business.  It offers employees more flexibility, a comfortable working environment, and no commute, while the employer benefits by saving on the costs of overhead.  Nevertheless, despite the positive aspects of ... Continue Reading

A central tenet of the Georgia Workers' Compensation system is that a worker must be injured before he is qualified to receive          A central tenet of the Georgia Workers’ Compensation system is that a worker must be injured before he is qualified to receive weekly indemnity benefits.  However, in one of the most novel theories of recovery ever, a claimant contended he should be entitled to benefits, not because a doctor placed restrictions upon him, but because his employer refused to comply with restrictions the claimant placed upon himself based upon Internet research.  Fortunately this claimant was rebuked at every level, from the ... Continue Reading

In recent months, the EEOC has expressed concern regarding employers' use of uniform employment policies and practices. Historically, consistency was        In recent months, the EEOC has expressed concern regarding employers' use of uniform employment policies and practices.  Historically, consistency was considered the key to avoiding alleged or actual discrimination.  Recently, however, the EEOC has increasingly advised employers to engage in individualized assessments on a case-by-case basis.  For example, the EEOC has recommended that employers engage in an interactive dialogue with an employee with a disability to determine what ... Continue Reading

A recent decision from the Northern District of Georgia highlights the uncertainties that often exist when an insurer relies on the "residence premises"        A recent decision from the Northern District of Georgia highlights the uncertainties that often exist when an insurer relies on the “residence premises” requirement to bar coverage for a loss.  In Cain v. Hanover Ins. Co., 2011 U.S. Dist. LEXIS 105188 (N.D. Ga. 2011), the court ruled that the fact that the insured’s home was deemed uninhabitable after official inspection did not establish as a matter of law that the home was not the insured’s residence premises.  Cain demonstrates the ... Continue Reading

In Stokes v. Coweta County Board of Education (A11A2062), the Court of Appeals recently decided a case that expands the circumstances         In Stokes v. Coweta County Board of Education (A11A2062),  the Court of Appeals recently decided a case that expands the circumstances of the type of personal actions and potential employment deviations, which still make an accident compensable.  As a rule, for an accident to be compensable, an employee’s accident must arise both “out of” and “in the course of” his employment.  When a deviation occurs, an employee breaks the continuity of employment for ... Continue Reading

The primary elements of an occupational disease that a claimant must prove are:      The primary elements of an occupational disease that a claimant must prove are:  (1) causal connection between work and the disease; (2) disease followed a natural incident of exposure; (3) disease is not of a character to which the employee may have had substantial exposure outside of employment; (4) disease is not an ordinary disease of life to which the general public is exposed; and (5) disease had its origin in a risk connected with the employment.            If an employee was exposed to dangerous chemicals or products with ... Continue Reading