Volume 28 No. 166 July 2016

At the beginning of 2016, the Georgia Court of Appeals reversed two trial court decisions that denied summary judgment over whether an owner was an out-of-possession landlord. At the beginning of 2016, the Georgia Court of Appeals reversed two trial court decisions that denied summary judgment over whether an owner was an out-of-possession landlord.  Sidhi Inv. Corp. v. Thrift, No. A15A1678, 2016 WL 906328, at *2 (Ga. Ct. App. Mar. 10, 2016); Cowart v. Schevitz, No. A15A2036, 2016 WL 563114, at *3 (Ga. Ct. App. Feb. 15, 2016).  In both cases, the trial court denied summary judgment to the landlord on the basis that the terms of the lease created issues of fact as to whether the ... Continue Reading

When you think of a worker's compensation injury the first thing you probably think of is someone sustaining a physical injury, such as a back, knee or wrist injury, while performing some type of job. When you think of a worker’s compensation injury the first thing you probably think of is someone sustaining a physical injury, such as a back, knee or wrist injury, while performing some type of job. The majority of all workers’ compensation claims fall into the category of physical injuries. In 2014 The Bureau of Labor Statistics estimated there were 3.0 million reported workplace injuries in the United States.  However, of that number psychological claims represented a tiny percentage ... Continue Reading

Appellate Court decisions this past year have provided significant guidance in the ever-developing arena of apportionment law in Georgia. Appellate Court decisions this past year have provided significant guidance in the ever-developing arena of apportionment law in Georgia.  As you will recall, O.C.G.A. § 51-12-33(c) a subsection of the apportionment statute requires, “…the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit.” Last year, I prepared an article on apportionment which discussed the Court of Appeals decision in ... Continue Reading

He who controls the medical controls the claim. In an accepted workers' compensation claim, controlling the medical has a significant impact on the overall claim exposure and on leverage during settlement negotiations. He who controls the medical controls the claim. In an accepted workers’ compensation claim, controlling the medical has a significant impact on the overall claim exposure and on leverage during settlement negotiations. Claimant’s attorneys are looking for any mistake to get a claimant to one of their doctors who will totally disable the claimant and recommend unnecessary medical treatment to drive up the claim value. Keeping a current posted panel of physicians is a critical ... Continue Reading

One of the most challenging cases that can arise in the workers' compensation arena involves a work-place fatality. One of the most challenging cases that can arise in the workers’ compensation arena involves a work-place fatality. These cases are difficult in terms of balancing of the tragedy surrounding the loss of a life and the devastation of the bereaved with the need to evaluate the claim for compensability, identify potential dependents, and timely commence benefits. In order to be compensable, a work-place fatality must arise out of and in the course of employment. Under Georgia law, if a death arises out of and in the course of employment or occurs during the period of disability, ... Continue Reading

Georgia courts have gradually increased what constitutes an approach, and the Georgia Court of Appeals' recent decision in Six Flags Over Georgia II, L.P. v. Martin, 335 Ga. App. 350 (2015) exponentially expanded how far an approach extends. Georgia courts have gradually increased what constitutes an approach, and the Georgia Court of Appeals’ recent decision in Six Flags Over Georgia II, L.P. v. Martin, 335 Ga. App. 350 (2015) exponentially expanded how far an approach extends.  While an appeal of the decision is pending before the Georgia Supreme Court, as it stands, the Court of Appeals decision leaves premises owners in a quandary of having to assume that its approaches may ... Continue Reading