In December 2015, Federal Rule of Civil Procedure 37(e), which concerns a party's failure to preserve electronically stored information ("ESI"), was amended because it did "not adequately address the serious problems resulting from the continued exponential growth [of ESI]". In December 2015, Federal Rule of Civil Procedure 37(e), which concerns a party’s failure to preserve electronically stored information (“ESI”), was amended because it did “not adequately address the serious problems resulting from the continued exponential growth [of ESI]”. See Fed. R. Civ. P. 37(e), Advisory Committee notes to 2015 amendment. In applying former Rule 37(e), federal circuits established ... Continue Reading
Don’t Just Sit There: Documents That Require Fast Action
One thing that makes workers' compensation unique relative to other fields of law is how quickly cases move. Georgia's workers' compensation system is designed so that cases, and issues within those cases, move through the system quickly. This attribute contributes to the greater purpose of the entire system: to help claimant's recover from their injuries and get back to work as safely and quickly as possible. One thing that makes workers’ compensation unique relative to other fields of law is how quickly cases move. Georgia’s workers’ compensation system is designed so that cases, and issues within those cases, move through the system quickly. This attribute contributes to ... Continue Reading
The Use of Employment Services as an Alternative Form of Light-Duty Tenders for the Unwilling or Reluctant Employer
There are a few extra conditions that must be considered when utilizing this method of tendering light-duty employment. You are assigned to manage the following claim: The employee is a high-wage earner with a compensable injury who, after a period of total disability due to the injury, has just been released to light duty work restrictions by the authorized treating physician. You file a WC-104 to reduce him to TPD in 52 weeks. You would now like to get the claimant back to work in order to reduce the potential future exposure for TTD, with the goal of settling the claim. However, the employer either does not have light-duty work available, or does not want to ... Continue Reading
Pre-Suit Settlement of Minors’ Claims
The majority of claims are settled by claims professionals without involving attorneys or litigation. These settlement agreement are contracts. Generally, contracts entered into by minors are voidable at the election of the minor when she reaches the age of majority. The majority of claims are settled by claims professionals without involving attorneys or litigation. These settlement agreement are contracts. Generally, contracts entered into by minors are voidable at the election of the minor when she reaches the age of majority. See O.C.G.A. § 13-3-20; Holland v. Peerless Furniture Co., 60 Ga. App. 149 (1939). Thus, a settlement purportedly made with a ... Continue Reading