In Georgia, the Workers' Compensation Act was designed to protect and cover employees against injuries on the job. However, in certain cases, In Georgia, the Workers’ Compensation Act was designed to protect and cover employees against injuries on the job. However, in certain cases, most predominantly those involving construction-related injuries, an employee may be hired by a direct employer who does not have coverage. In those instances, the direct employer, most often a subcontractor, simply may not have had coverage as a result of having fewer than three employees. O.C.G.A. § 34-9-8 was designed to provide coverage “up the ladder” in certain instances where a ... Continue Reading
To Catch a Plaintiff: Production of Surveillance Evidence Prior To Trial
The following is a common place scenario in a general liability claim. Plaintiff alleges personal injuries as a result of an accident on Defendant's premises. The following is a common place scenario in a general liability claim. Plaintiff alleges personal injuries as a result of an accident on Defendant’s premises. Defendant hires an investigator to perform surveillance on Plaintiff. In discovery, Plaintiff requests any surveillance videos or photographs and the name of the investigator who obtained them. Defendant discloses the existence of surveillance but objects to its production on the grounds that such evidence is protected by the work-product privilege and/or is outside ... Continue Reading
Forum Selection Clauses In Construction Contracts- Enforceable Or Not?
Late last year in Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S.Ct. 568 (2013), the Late last year in Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S.Ct. 568 (2013), the United States Supreme Court took a critical stand for subcontractors, limiting the use of forum selection clauses in construction contracts. In so holding, the Court upheld the law of twenty-four states, which will now shape the future of forum selection clauses across the country. In Atlantic Marine, a Virginia based general contractor, Atlantic ... Continue Reading
A Successful 240 – Ensuring A Valid Offer Of Suitable Light- Duty Work And An Unjustified Refusal
You know the scenario. The Employer is certain that the injured worker is milking his disability status and is capable to return to work. Co-workers report seeing You know the scenario. The Employer is certain that the injured worker is milking his disability status and is capable to return to work. Co-workers report seeing the alleged injured worker out and about in town engaging in activities (partying, hunting, fishing, exercising, riding horses) that are inconsistent with the agonizing complaints of pain limitations the claimant is giving the authorized treating physician. Despite the evidence of the injured worker’s active lifestyle, the authorized treating physician still ... Continue Reading