Georgia Sees Sharp Increase in Jury Verdicts
By Alain Fernandez, Esq. Georgia has seen a marked spike in “nuclear verdicts,” or verdicts in which a jury awards in excess of $10 million. This growing trend in Georgia and other parts of
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
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
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
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
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
PMTs Not Just for Claimants Anymore Employers/Insurers Can Now Request PMT Calls When Claimants Are Non-Compliant with Medical Treatment
By: Kristi Oakes, Esq One of the biggest news items to come out of this year’s seminar is the recent expansion of the Petition for Medical Treatment (PMT) process to allow employers/insurers to petition the
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
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
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