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Pursuant to State v. Purmont, 143 Ga. App. 269, 238 S.E.2d 268 (1977), if an employee is injured in an attack by another employee, the employee must not have been the aggressor in order to be eligible for workers’ compensation benefits. When asserting an aggressor defense under O.C.G.A. § 34-9-17(a), it is the employer that…
As we have discussed on our blog site on numerous occasions, the Workers’ Compensation Act provides somewhat limited remedies for people who have been injured at work. The limited nature of the remedy leads to what are sometimes surprisingly low settlement offers. Based upon these low offers, the injured worker should probably take several things…
The Georgia Workers’ Compensation Act requires an injured employee report an on-the-job accident to a supervisor or employer agent shortly after the incident. Please see O.C.G.A. § 34-9-80. The employee is required to give the Employer or its agents notice of an on-the-job accident so that the Employer can investigate the incident, and most importantly,…
The Georgia Court of Appeals recently handed down a decision in Clarke v. Country Home Bakers, 2008 WL 4603604 (2008), regarding whether a prisoner injured while working in a work release program was eligible for workers’ compensation benefits. The Court affirmed the decision of the lower courts in denying benefits. At issue was whether the…
Recently, the Daily Report sat down with some alternative dispute resolution [ADR] experts to discuss how ADR can reduce the costs of litigation. There are three principal types of ADR that are commonly used. Mediations are commonly used for
On February 25, 2009, the House Committee on Industrial Relations offered a substitute to House Bill 330, which directly affects the current Georgia Workers’ Compensation Act (Chapter 9 of Title 34 of the Official Code of Georgia Annotated). The proposed law change:
In 2005, the Georgia State Legislature amended O.C.G.A 34-9-200.1 to include section (i). Pursuant to section (i), when a claimant has been deemed catastrophic, either by the employer or the State Board, it is possible to request new determination as to the catastrophic or non-catastrophic nature of the employee’s injury. The only requirement is that…
In Georgia, as long as an employee is receiving compensation benefits, then he shall submit himself to examinations ordered by a qualified physician. Independent Medical Examinations (IME) are common in workers’ compensation cases. They give the employer or the Board a chance to determine
In last night’s match against the Utah Jazz, Kevin Garnett left the game late in the first half after straining his right knee as he attempted to complete a high “alley-oop” pass from Paul Pierce. If Kevin was playing for the Atlanta Hawks, this could be a potential Georgia workers’ compensation claim. First, we would…
As a general rule federal law requires parties involved in workers’ compensation claim to consider Medicare’s interests in the event of a settlement. 42 CFR 411.46. However there is one major exception to this rule.