For starters, looking to the relevant code section, O.C.G.A. §34-9-1(4) recognizes “strokes” as being potentially compensable.  Specifically, in relevant part, this code section states: “”Injury” or “personal injury” means only injury by accident arising out of and in the course of the employment … “Injury” and “personal injury” shall not include… heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, stroke, or thrombosis unless it is shown by a preponderance of competent and credible evidence, which shall include medical evidence, that any of such conditions were attributable to the performance of the usual work of employment.” Importantly, in “stroke” claims, the burden is on the claimant to show a causal connection between the heart attack and the stroke. U. S. Casualty Co. v. Thomas, 106 Ga. App. 441 (1962) (reversed on other grounds). See also Aflac, Inc. v. Hardy, 250 Ga. App. 570 (2001)….       Read More

China warns US of retaliation after accusations of cyberspying ReutersIt was the first criminal hacking charge that the United States has filed against … the National Computer network Emergency Response technical Team … 8 Cyber Crimes to Expect in the Next 20 Years  Fox Business Cyber Assault – As networked appliances, home automation systems and wearables become more widespread, hackers will have another way to … FTC may soon turn its regulatory gaze toward data-collecting health apps   VentureBeat Ho says the collection of such IDs has clear privacy implications. … The United States has aggressively legislated the protection of health data with its … REUTERS SUMMIT-US industry too complacent about cyber risks, say experts  Reuters “If they truly understood the risk they were taking, they would find it … and has encouraged more sharing of information about cyber threats and best … Data breach could cost you up to…       Read More

A federal district court in Florida holds that a hospital providing medical services to deaf patients could use video relay interpretation, passed written notes, and gestures to meet the hospital’s obligation under the Americans With disabilities ACT [“ADA”] and rejected the plaintiffs’ claim that a live interpreter was necessary to afford effective communication.    Title III of the ADA requires that public accommodations like hospitals provide, at their expense, “auxiliary aids and services” to ensure “effective communication” with persons with hearing disabilities.  The “nature, length, complexity, and context of the communication” at issue and the individual’s “normal method of communication” can be considered in weighing whether a particular auxiliary aid or service must be provided to afford “effective communication.”   This can be a very difficult determination in the healthcare context, where communications can be complex and urgent, including in life or death situations.   In an April 11, 2014,…       Read More

Optional practical training (OPT) for F-1 students is typically limited to twelve months, and must be completed within fourteen months of the student’s graduation.  However, some students may be eligible for an additional seventeen months of OPT following the initial twelve-month period based on a STEM (Science, Technology, Engineering, Mathematics) extension.    To be eligible for a STEM extension, the student’s employer must be enrolled in E-Verify and must agree to report the student’s departure within forty-eight hours. The STEM subject must be in the major or dual major of the student’s most recent degree received.  It is also important to remember that the F-1 student may request a STEM extension up to 120 days before the end of their twelve-month OPT.  Just by doing so, their employment authorization will be automatically extended for a period of 180 days.  However, the application for employment authorization for the STEM extension must…       Read More

For the fiscal year 2015 filing period, from April 1, 2014 to April 7, 2014, approximately 172,500 H-1B petitions were filed.  As USCIS received 87,500 more petitions than it could otherwise accept, a lottery was conducted to determine which timely filed petitions would be accepted for processing.  This lottery is a computer generated random selection process that has left many foreign nationals desperate for news and options.  The lottery was conducted on April 10, 2014 and over the next six weeks, notices are being sent to inform petitioners whether their cases had been selected.  Based upon past experience, it is anticipated that all receipt notices for selected H-1B petitions will be received by the middle of May and that all petitions that were not selected will be returned with uncashed checks by the end of May. Unfortunately, petitioners will be unable to file a new H-1B filing until fiscal year…       Read More

Snapchat settles with FTC over vanishing photos that don’t   CNET … to work around its limited privacy protections. There are also ways to dig up files in a device’s directory when the device is plugged into a computer. Medical data security increasing concern for ACOs  FierceHealthIT As more providers adopt accountable care models–and take on the responsibility of facilitating medical data exchange–healthcare leaders are under … Cyber experts warn Iranian hackers becoming more aggressive  Reuters Security experts say Iranian hackers stepped up their campaigns against … The Stuxnet computer virus is widely believed to have been launched by … Dorothy Hukill Applauds Signing of Data Privacy Bill  Sunshine State News (blog) Sen. Dorothy Hukill, R-Port Orange, applauded Gov. Rick Scott for signing a bill Monday that would ban the collection of students’ biometric … UMass Notifies Patients Of Data Breach  Health IT Outcomes (press release)  UMass Memorial Medical Center…       Read More

Under the Right to Repair Act (O.C.G.A. § 8-2-35, et. seq.), Georgia law affords particular rights to contractors, subcontractors, and other builders. Primarily, under the Right to Repair Act, a builder must be given notice of a potential claim connected to a dwelling or residential common area prior to a property owner filing suit. At least ninety days prior to filing suit, a claimant must notify the contractor, in writing, of the potential suit. This written notice requirement does not apply to cases involving personal injury or death.  The Right to Repair Act requires that the claimant identify with specificity the claim he intends to bring against the contractor. The Right to Repair act requires that claimant state that he is asserting a construction defect claim and is providing notice as required pursuant to the Right to Repair Act. The Claimant must also provide any evidence that depicts the nature…       Read More

Seattle Children’s CISO Cris Ewell: Keys to building a robust data-security plan  FierceHealthIT.com Knowing your data and where it resides is the most basic element in building a robust data-security plan, Cris Ewell, CISO of Seattle Children’s … Target removes CEO in wake of devastating cyber attack Reuters Target disclosed in December that a cyber attack had resulted in the theft of at least 40 million payment card numbers and 70 million other pieces of … White House wades cautiously into effort to protect online privacy Reuters …U.S. consumers’ privacy in an era in which the ubiquitous use of computers and mobile phones provides a constant data feed on individuals. Data Breach at Tufts Health Plan Exposes 8830 Members’ InfoeSecurity Planet While the announcement doesn’t say how the breach occurred, it does say it wasn’t “due to an electronic breach, IT system vulnerability or hacking” … 10 Steps to Maintaining Health Data…       Read More

Verizon has released its latest Data Breach Investigations Report, and its 2014 edition is better than ever! Verizon studied 1,367 confirmed data breaches, and 63,437 security incidents in 95 countries. A breach is defined as an incident that results in the disclosure or potential exposure of data. An incident is a security event that compromises the integrity, confidentiality, or availability of an information asset. The biggest difference between the 2014 Report, and those of prior years, is that the current report used the characteristics of incidents to develop incident classification patterns. Verizon found that 94% of the confirmed data breaches fell within 9 basic patterns. The same patterns could be used to describe 92% of the 100,000+ security incidents. Better yet, Verizon was able to identify the frequency with which each pattern appeared by industry! The 9 incident classification patterns are: POS Intrusions, Web App Attacks, Insider Misuse, Physical Theft/Loss, Miscellaneous…       Read More