What happens when an employee is injured while on a break? Injuries that occur during "regularly scheduled breaks" are generally not What happens when an employee is injured while on a break? Injuries that occur during “regularly scheduled breaks” are generally not compensable if the claimant is free to use their time as they desire. Wilkie v. Travelers Ins. Co., 124 Ga. App. 714, 183 S.E.2d 783 (1971). When the general rule applies, the injury is not compensable because it does not arise out of or occur in the course of employment. However, there are several exceptions that can cause an injury that occurs on a break to be found compensable. The burden in ... Continue Reading
Georgia Supreme Court: The Doctrine Of Sovereign Immunity Does Not Bar Sureties And Subrogees From Recovering Against The State
On September 22, 2014, the Georgia Supreme Court affirmed a controversial Court of Appeals decision, which held that the doctrine of sovereign On September 22, 2014, the Georgia Supreme Court affirmed a controversial Court of Appeals decision, which held that the doctrine of sovereign immunity did not bar sureties or subrogees from recovering breach of contract damages from the State, so long as the surety or subrogee’s principal would have a cause of action for such damages. This decision, a significant positive development for the construction industry, stems from a simple set of facts: In 2008, the Georgia Department of Corrections (“GDOC”) awarded Walker Roofing (“Walker”) ... Continue Reading
Facebooking At Work? It’s For Discovery, I Swear!
Social media and social networking websites have taken a solid foothold in American and global culture. The Pew Research Center estimates that Social media and social networking websites have taken a solid foothold in American and global culture. The Pew Research Center estimates that 74% of all internet users utilize social media in one form or another—71% of that number accounts for Facebook alone. In addition to Facebook, there is Twitter (23%), LinkedIn (28%), Pintrest (28%), and Instagram (26%). These numbers only continues to rise with time. With the increasing and overwhelming ubiquity of these sites, all enterprising professionals should ask themselves: how can I use ... Continue Reading