In two cases within the past year, the Court of Appeals has returned to the framework laid down inMaloney v. Gordon County Farms, In two cases within the past year, the Court of Appeals has returned to the framework laid down inMaloney v. Gordon County Farms, 265 Ga. 825, 462 SE2d 606 (1995), to examine whether claimants have conducted diligent job searches. As established in Maloney, the claimant in a change of condition case must prove that he “suffered a loss of earning power as a result of a compensable work-related injury; continues to suffer physical limitations attributable to that injury; and has made a diligent, but unsuccessful effort to secure suitable employment ... Continue Reading
Leaky Pipes, Construction “Accidents”, And “Occurrences”: Plugging The Holes In Georgia Commercial General Liability Policies
In the piney woods of south Georgia, one of the countless roadside motels along Interstate 75 was recently renovated to create a grand new hotel experience In the piney woods of south Georgia, one of the countless roadside motels along Interstate 75 was recently renovated to create a grand new hotel experience – The Royal Bohemian Lodge. As is common in construction, the general contractor for the hotel contracted with a number of trades to complete different projects associated with the renovation. One of the subcontractors, Temple Potter Plumbing, subcontracted the installation of piping to Johnny Rocco. As ... Continue Reading
How To Avoid The Pitfalls Of Pre-Suit Investigation By An Independent Adjuster
The facts are routine – a set of circumstances you know well. An accident of some sort occurs, let's say a car accident, the claim is reported The facts are routine – a set of circumstances you know well. An accident of some sort occurs, let’s say a car accident, the claim is reported, and an adjuster is assigned to investigate the loss. So far, so good - a prompt response by the insurer. The investigation moves forward and no stone is left unturned as the investigator makes every effort to understand the cause of the accident and the resulting damages. As part of the investigation, routine measurements are taken, interviews are ... Continue Reading
Facebook And Fraud: A Guide To Investigating Social Media During Insurance ClaimsFacebook And Fraud: A Guide To Investigating Social Media During Insurance Claims
Whether you are updating your status on MySpace or Twitter, posting an embarrassing video of your friend in Vegas on YouTube, uploading photographs Whether you are updating your status on MySpace or Twitter, posting an embarrassing video of your friend in Vegas on YouTube, uploading photographs of your vacation on Instagram or Flickr, networking on LinkedIn or checking in with FourSquare or Facebook, chances are you interact with social media on a daily basis. Social networking websites permeate our internet-based culture, with Facebook leading the way with approximately 550 million daily users and 955 million monthly users (Facebook Newsroom, Key Facts, Statistics, last viewed on August ... Continue Reading
2013 Workers Compensation Legislation
The Advisory Council of the State Board of Workers' Compensation has announced that it will submit its 2013 legislative package to the governor this month. The Advisory Council of the State Board of Workers’ Compensation has announced that it will submit its 2013 legislative package to the governor this month. Key features of the package are reported to be as follows: A 400 week cap on medical expenses in non-catastrophic cases. 34-9-240 is modified to prevent claimant’s from avoiding unilateral suspension by showing up to a light duty job offer and staying only 10 minutes. They will now have to work 8 cumulative hours or one scheduled work day, whichever is greater, ... Continue Reading