The Georgia Court of Appeals recently issued an opinion that could significantly impact indemnity exposure where a claim is (or has been) accepted as catastrophic. In Barnes v. Roseburg Forest Products Co., Case Number A15A0405 decided July 16, 2015, the Court of Appeals considered a claimant’s appeal seeking indemnity benefits under two alternative theories: (1) as a recommencement of TTD benefits related to a 1993 catastrophic claim and not barred by the statute of limitation set forth in O.C.G.A. §34-9-104, despite the fact that indemnity benefits had not been paid for more than two years; and (2) as a fictional new accident not barred by the statute of limitation set forth in O.C.G.A. §34-9-82. Ultimately, the Court of Appeals agreed with the claimant’s arguments in both instances, remanding the case back to the State Board of Workers’ Compensation for consideration of those issues. The Court of Appeals agreed with the…       Read More

Written by: Richard Sheinis, Esq. On Friday of last week, President Obama announced that he and Chinese President Xi Jinping reached a “common understanding” not to conduct or support state sponsored hacking. “We have agreed that neither the U.S. or Chinese government will conduct or knowingly support cyber-enabled theft of intellectual property including trade secrets or other confidential information for commercial advantage.” You might not want to let down your firewalls just yet. If I understand the background leading up to this agreement, the Chinese government has sponsored hacking into U.S. companies to obtain information, to give Chinese companies an economic advantage over U.S. companies in the global marketplace. The U.S. has engaged in, well, being the hacking victim. I do not understand why the U.S. agrees to not do something it has not been doing. Doesn’t such an agreement make us look as culpable as the Chinese. Shouldn’t the…       Read More

US, China appear close on cyber economic espionage deal PCWorld But the two countries are still in disagreement over whether China’s government plays any part in trans-national cyber hacking for economic purposes. Apple App Store hit by first major cyberattack The Hill Many of the most popular iPhone apps in China have been infected with malicious software in what researchers are calling the first major cyberattack … Comcast penalized for data breach iFreePress.com (blog) “Our decision sends a message not only to Comcast, but also to companies throughout California that protecting consumer privacy is a top priority”, … Cyber insurance rejects claim after BitPay lost $1.8 million in phishing attack Network World Well at least the company had cyber insurance, right? No; the … BitPay claims, “It is this hacking which fraudulently caused the transfers of bitcoin and … French data privacy regulator rejects Google appeal U.S. News & World…       Read More

This graphic shows all the ways your car can be hacked Fortune … about the best ways for automakers to safeguard cars against cyber attacks. … a recent Wired report on how hackers infiltrate computerized vehicles. US Must Prepare for ‘Armageddon-Scale’ Cyber Attack Washington Free Beacon Director of National Intelligence James Clapper said the U.S. must be prepared for a “large, Armageddon-scale” cyber attack during remarks Thursday … FTC says data and privacy are top security concerns CSO Online CAMBRIDGE, Mass. — While IT professionals are asking how to secure devices, networks, and platforms, policy makers are asking how to secure data … Thousands of Lloyds Premier Customers Hit by Data Breach Infosecurity Magazine Over 10,000 Lloyds Bank Premier Account holders are at risk of identity theft after their personal details were stolen by hackers. The data went missing … Why hackers want your health care data most of all…       Read More

In a classic case of “social engineering” hackers are using the Syrian refugee crisis to scam people out of money and information. Whenever a humanitarian crises hits, hackers will set up fake websites, send phishing e-mails, and use social media such as Facebook to encourage people to donate money or see the latest news on the crises of the moment. Unfortunately, when you go to the website or respond to a phishing e-mail, you will be providing the hackers with personal information, or allow malware to be injected into your computer network. Social media sites are popular for the hackers because we are a society of “clickers”. We love to click that we “like” something, or to donate money. Once again, that “click” can result in sending money to the hackers, or providing them a route into your network to steal information. When there is a humanitarian crises, many of…       Read More

UCLA cleared in $1.25M data breach lawsuit HealthLeaders Media A California court on Thursday found the University of California Los Angeles Health System was not responsible for the unauthorized release of a … Researchers hack a pacemaker, kill a man(nequin) Computerworld Tomorrow I’ll hack an insulin pump and kill a patient.” Yet a … They monitored the controlling medical mannequin’s computer to see if it “provided any … Russia’s Data Localization Requirements Delayed for Facebook, Google and Twitter Data Protection Report The Russian data protection authority, Roscomnadzor, has given major U.S. technology companies extra time to comply with the Russian data … Privacy Concerns Don’t Curb Use of Classroom Apps U.S. News & World Report As classroom technology spreads, student data is increasingly vulnerable to … to collect massive amounts of data that can be used to profile students. …. also want to enact more protections rather than wait for…       Read More

Beth Boone, Partner at HBS will be presenting Recent Trends in Correctional Health Care Litigation at the annual American Correctional Health Services Association 2015 South East Region Fall Conference At the Savannah Marriot on Saturday, September 19. Attendees will include Physicians, Pharmacist, Psychiatrists, Nurse Practitioners, Physician Assistants, MH Professionals, Pharmaceutical Reps, and Nurses from around the South East Region.  The conference will be hosted at the Savannah Marriot Hotel from September 18th through the 20th. For more information please visit: www.achsa.org

Here is a smattering of a some of the more interesting articles from the past few weeks related to dental news and commentary from varying perspectives: Patients, Insurance, and Costs There have been several articles recently commenting on the intersection of Medicare, Medicaid expansion under the Affordable Care Act, and emergency room visits for dental care. Health Canal focused and MedicalXpress discussed a study that found that more than two percent of all ER visits are related to non-traumatic dental conditions. http://www.healthcanal.com/oral-dental-health/65841-dental-coverage-for-patients-with-medicaid-may-not-prevent-tooth-related-er-visits.html; http://medicalxpress.com/news/2015-08-access-dental-low-income-americans-exception.html. In looking at coverage sign-ups, the Steamboat Today noted that in Colorado, 25% percent of individuals in the northwestern part of the state did not opt in for dental coverage due to the cost.. http://www.steamboattoday.com/news/2015/sep/01/medicaid-enrollment-surges-northwest-colorado-unin/ . The Street recently published an article attempting to break down the economics and offered tips to the public for saving money related to dental care. http://www.thestreet.com/story/13268237/1/how-to-drilling-down-on-dental-costs-save-on-your-next-trip-to-the-dentist.html. Modern Healthcare offers a look at…       Read More

The filing of a notice of appeal has been termed “an event of jurisdictional significance—it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal.” Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982). Where there are multiple parties to a litigation, each party aggrieved by the judgment is free to file a separate notice of appeal. But, if only one party files a notice of appeal, who are the parties on appeal? In Georgia, the short answer is all parties—the appellant, appellee and any other parties to the litigation below. But what is the status of “co-appellants” who are also aggrieved by the order of judgment, but unlike the named appellant, did not file a notice of appeal? Does the failure to file a timely notice of appeal bar the “co-appellants” the…       Read More

This week the FBI said an e-mail scam that tricks businesses into wiring funds to hackers has increased 270% since the beginning of 2015. The FBI has named the scam “Business E-Mail Compromise” or “BEC”. The scam occurs when a hacker infiltrates the e-mail of a company executive. The hacker will then send an e-mail, which looks like it is from the executive’s e-mail account, instructing another employee to wire funds to a third party, such as a fake vendor account set up by the hacker. The FBI has statistics from their Internet Crime Complaint Center showing that more than 7,000 U.S. companies have been victimized. The total losses are estimated to be more than $740 million. This scam shows the sophistication of the hackers. Gone are the days of easy to spot scam e-mails from our “friends” who went on an international trip, had all their money and belongings…       Read More