Georgia Sees Sharp Increase in Jury Verdicts
By Alain Fernandez, Esq. Georgia […]
Passing the Drug Test when the Employee Doesn’t: What is needed for Employers/Insurers to effectively use the Intoxication Defense
By Chad McDonald, Esq.
When an injured worker fails a drug screen after a work-place accident, the
employer and insurer rightly want to deny the claim. However, to
effectively assert the “Intoxication defense,” employers and insurers should
be aware of several requirements, which include the method and […]
The Walking Dead
By: Sarah G. Hegener
This week, a Georgia jury began
hearing arguments and testimony in a wrongful death suit filed by the family of
a stunt actor who died on the set of AMC television series, The Walking Dead. John Bernecker died
two years ago after falling more than 20 feet while performing stunts for the
show. Bernecker’s family named […]
Atkins David End of Year Newsletter
State of Workers’ Comp in Georgia: Increase to income benefits and our thoughts on the PMT
The workers’ comp system remains stable. However, this past year saw the biggest increase in the max weekly comp rate ever from $575 to $675. It may take more time to see the full impact of this change. Additionally, […]
Determining Whether an Injured Employee is Malingering by Getting a Psychiatric IME
By: Ron L Hilley II
Employers and insurers often deal with claims in which it seems
the injured employee is exaggerating his or her symptoms, particularly when
there is no objective testing that can explain the levels of reported
pain. At this year’s workers’ compensation seminar, psychiatrist Dr.
Matthew Norman discussed the difference between the medical terms “malingering”
and “conversion” within […]
Recent Appellate Division Decisions
By: Chad McDonald
As in years past, one of the most informative discussions at the seminar addressed recent Appellate Division cases. This year’s panel was led by Judge Terry Chastain, Director of the State Board of Workers’ Compensation. Noteworthy cases featured below touched on issues of the ingress/egress rule, injuries which occur during pre-employment physicals, […]
Suicide Prevention as Preventative Workplace Crisis Management and Impact on Workers’ Compensation
By: Jarvis B. Läkemäker
Workplace
crises management is as much about preparation and prevention than about the
immediate reactive steps taken following a crisis. One of the areas where developing
a crisis plan can be most beneficial is at the intersection of workers’ compensation
and employee mental health.
A
2012 study conducted by researchers with the Centers for Disease Control and
Prevention, […]
Resignation as a pre-condition to settlement: Is the employee still entitled to Unemployment Benefits?
By Sarah Hegener Anglin, Esq.
Most employers require employees to agree to resignation before beginning settlement negotiations. A question arises as to whether the employee, who has voluntarily resigned, is subsequently entitled to draw unemployment benefits. In Georgia, an employee is disqualified from receiving unemployment benefits if he voluntarily resigned from his employment without “good cause”. […]
Active Shooter Situations and Workers’ Comp Implications
By Tyler Jones, Esq.
It is an unfortunate reality that employers are increasingly having to face
workers’ comp issues after a shooting in the workplace. Georgia law
– developed through cases and not statute – addresses these matters in
ways that are different than many states.
Who is the aggressor? If the shooter is […]
Is now the time to re-do that expensive MSA? Recent availability of generics to replace expensive drugs could mean big reductions
By Sarah Hegener Anglin, Esq.
It is no secret that costly Medicare Set-Asides (MSAs) can be an obstacle when settling a workers’ compensation claim. Prescription drugs are almost always the main cost driver of a claimant’s MSA, especially when brand name medications are being prescribed. One of the most effective ways to minimize the […]
