The term "jurisdiction" in a workers' compensation context frequently means whether the claim has been timely filed. However, it can also involve the issue of whether The term “jurisdiction” in a workers’ compensation context frequently means whether the claim has been timely filed. However, it can also involve the issue of whether the accident, the employer and the claimant have sufficient ties to Georgia thereby allowing benefits to be paid under our laws. When an individual is employed elsewhere, and suffers an accident outside of this state, one of the questions raised is whether the claim can be filed ... Continue Reading
Are We There Yet?: Court REaffirms Established Doctrine Regarding Accidents Going To And Coming From Work
In a decision favorable to employers and insurers, the Georgia Court of Appeals, in the recent cases of The Medical Center, Inc. v. Hernandez et al. and Hernandez et al. In a decision favorable to employers and insurers, the Georgia Court of Appeals, in the recent cases ofThe Medical Center, Inc. v. Hernandez et al. and Hernandez et al. v. Atlanta Drywall, LLC, 319 Ga. App. 335, 734 S.E.2d 557 (2012), reaffirmed the well established rule that accidents which occur while the employee is going to or coming from work are not compensable under the Georgia Workers’ Compensation Act. While there appears to have been no dispute ... Continue Reading
Whose Right Is It Anyway? An Employer/Insurer’s Right (Or Lack Thereof) To Add Parties To A Hearing
In a typical workers' compensation claim, "Employee" is working for "Employer 1", gets hurt on the job, and requests a hearing to seek benefits from Employer 1. In a typical workers’ compensation claim, “Employee” is working for “Employer 1”, gets hurt on the job, and requests a hearing to seek benefits from Employer 1. Less frequently, we see scenarios where Employee gets hurt working for Employer 1, comes back to work, leaves Employer 1 to go work for Employer 2, and then goes back out of work again based on the same injury he sustained with Employer 1 (or an aggravation thereof). This scenario presents the classic set-up for litigation of whether Employee sustained a ... Continue Reading
The Power Of The Panel: Will Strict Compliance Be Enforced?
In any given workers' compensation claim, there is potential for a multitude of disputes over issues running the gamut from entitlement to indemnity benefits, In any given workers’ compensation claim, there is potential for a multitude of disputes over issues running the gamut from entitlement to indemnity benefits, to an injured employee’s efforts to return to work. And while there are a seemingly infinite number of variables impacting whether an employer/insurer is responsible for paying indemnity benefits, the one thing that is always certain in non-controverted cases where an employee remains injured due to a compensable work injury, is that the employer/insurer are ... Continue Reading