Written by: Peter Skaliy, Esq. In Smith v. Camarena, 835 S.E.2d 712 (Ga. Ct. App. 2019), Fabiola Zavaleta-Ramirez was an employee of a grocery store located in a shopping center with other stores, which shared a communal parking lot. Like the customers, Zavaleta-Ramirez parked her car in the communal parking lot, which was maintained by the grocery store's landlord. On February 15, 2017, Zavaleta-Ramirez finished her shift, clocked

Written by: Ann Baird Bishop, Esq. Effective July 1, 2017, the State Board of Workers' Compensation enacted Rule 205(c) in an effort to address complaints regarding claimants' difficulties in receiving prompt medical attention.  The WC-PMT procedure was enacted to allow injured workers or their lawyers to request that employers/insurers show cause why medical treatment and testing recommended by an authorized treating provider has not been authorized.  The statistics confirm

Written by: Daniel Richardson, Esq. Jay Kil was a restaurant manager of Legend Café. He oversaw the restaurant, operated the cash register, ensured orders were correct, and oversaw cleanliness. He lived with restaurant owner Willmore Lim, and after each workday, they would spend around an hour at home reviewing the day’s sales, receipts, accounts, and inventory. After closing on May 19, 2016, they drove home without taking a detour.

Written by: Dale Slemons, Esq. A rapidly growing trend in today’s fast paced, technological era is telecommuting for more and more workers.   More employers are permitting their employees to work at home as a benefit to the worker and a cost saving measure for employers.  In today’s society, where more and more companies are becoming environmentally conscious about reducing their carbon footprint while saving on overhead expenses, telecommuting is

Written by: James G. Smith, Esq. In a decision published on June 24, 2019, the Claimant in question was a custodian for Ware County Board of Education for 10 years. He sustained a compensable right shoulder injury and was thereafter paid TTD benefits at the rate of $207.61 per week (per the BOE’s calculations). The dispute in the claim centered around the appropriate computation of his average weekly wage

By: Ann Bishop, Esq. Here is a copy of Senate Bill 135 which passed and was signed into law by Governor Kemp and which went into effect on Monday, July 1, 2019.  The amendments made some changes to the office of Director Emeritus of the State Board of Workers' Compensation and to the position of Administrative Law Judge Emeritus. However, the primary changes of concern to you are the changes

Written by: Rayford Taylor, Esq. Teresita DeJesus Abreu v. Riverland Elementary School and Broward County School Board, So.3d (Fla. 1st DCA June 18, 2019). In 2015, the Claimant injured her shoulder while at work.  The Employer/Carrier accepted compensability of the accident and authorized treatment.  The treating doctor performed an arthroscopic shoulder surgery to address a partial rotator cuff tear.  Soon thereafter, the Claimant requested an alternate orthopedic physician.  That doctor placed

Written by: Denise Dawson, Esq. There are two versions of a comprehensive workers’ compensation bill working their way through the legislature in Tallahassee, FL. The House version of the bill, House Bill 1399, has seen some movement in recent weeks, however, the Senate version, Senate Bill 1636, seems to have lost momentum and a decision on its future was temporarily postponed on April 1. Reinstating workers’ compensation fee caps

By: Meredith Knight, Esq. At this point, we all know social media is an excellent tool to use when researching the activities of claimants, and a number of our recent posts have encouraged the use of electronic and social media to advance our defense of workers' compensation claims. This post similarly encourages us to take advantage of easily available information in our local economy. It is inspired by a

By: Rayford Taylor, Esq. On February 26, 2019, The Georgia Court of Appeals in Daniel v. Bremen-Bowdon Investment Co. ruled that an employee injured while on a regularly scheduled lunch break is not entitled to workers' compensation benefits under the ingress and egress rule. At the time of the incident, Ms. Daniel was employed as a seamstress with the employer. Ms. Daniel parked in a lot owned by the