As the reverberations of the opioid crisis are being felt around the country, Chairman Frank McKay of the Georgia State Board of Workers' Compensation has vowed to address the over-prescription and abuse of these Schedule II narcotics in the workers' compensation setting. As the reverberations of the opioid crisis are being felt around the country, Chairman Frank McKay of the Georgia State Board of Workers’ Compensation has vowed to address the over-prescription and abuse of these Schedule II narcotics in the workers’ compensation setting. The Chairman recently announced that the State Board would examine and work to remedy the over-prescription of narcotics. In 2013, Georgia passed the ... Continue Reading
The Interplay Between Illegal Alien Status And Fraud Under The Workers’ Compensation Act
Illegal alien status and its role in the workers' compensation arena has always been a hot topic, but it is hotter than ever right now, at least in large part due to our current political climate. Illegal alien status and its role in the workers’ compensation arena has always been a hot topic, but it is hotter than ever right now, at least in large part due to our current political climate. Employers and insurers, rightfully so, are frustrated by the fact that many injured workers are not in the country legally. Defense attorneys are often asked whether the employer/insurer have any recourse in this scenario. A series of cases decided all in a row more than a decade ago form the ... Continue Reading
When the Misconduct is Not Foreseeable, Can the Medical Provider be Held Responsible?
Recently, there have been a slew of stories in the media highlighting instances involving sexual assault while a patient is under anesthesia or sedated. Many of these stories involve medical doctors, dentists, or anesthesiologists who committed these heinous crimes against their own patients. Recently, there have been a slew of stories in the media highlighting instances involving sexual assault while a patient is under anesthesia or sedated. Many of these stories involve medical doctors, dentists, or anesthesiologists who committed these heinous crimes against their own patients. But what about the medical providers who employ these medical professionals? Should they also be held ... Continue Reading
Making An Offer They Can Refuse, But It’s The Timing That Matters
Obtaining attorney fees from the opposing party is a desirable, but difficult task under Georgia law. Obtaining attorney fees from the opposing party is a desirable, but difficult task under Georgia law. One strategy is to use O.C.G.A. § 9-11-68 to make an offer of settlement, which nearly amounts to placing a bet on what the case is worth. O.C.G.A. § 9-11-68 was passed as part of the Tort Reform Act of 2005. If the plaintiff makes an offer of settlement that is rejected by the defendant, then the plaintiff is entitled to recover attorney fees if the final judgment is an amount greater than 125 percent of the plaintiff’s offer. Conversely, if the defendant makes an offer ... Continue Reading
The Exceptional Average Weekly Wage
The importance of accurately calculating the average weekly wage of an injured employee can hardly be overstated. It is used to determine the employee's compensation rate, and, in turn, the ultimate value of his or her claim. Introduction The importance of accurately calculating the average weekly wage of an injured employee can hardly be overstated. It is used to determine the employee’s compensation rate, and, in turn, the ultimate value of his or her claim. Despite the centrality of this calculation to virtually every workers’ compensation claim, determining the average weekly wage can, in some circumstances, be ... Continue Reading
How to Avoid Retaliation Claims from Employees
Most employers know that federal laws prohibit harassment or discrimination against employees for certain protected characteristics, such as age, race, color, sex, religion, national origin, or disability as defined by the Americans with Disabilities Act (the "ADA"). Most employers know that federal laws prohibit harassment or discrimination against employees for certain protected characteristics, such as age, race, color, sex, religion, national origin, or disability as defined by the Americans with Disabilities Act (the “ADA”). However, employers should also be aware that federal law also prohibits employers from retaliating against an employee who engages in activity protected by the ... Continue Reading