Impact of New OSHA Rules on Georgia Workers’ Compensation Law
Written by: Ashik Jahan, Esq. On May 12, 2016, the Occupational Safety and Health Administration (OSHA) published another final rule regarding the reporting of injuries and illnesses and protecting employees who make complaints. This new OSHA r
Metro Atlanta Medical Facility Closing its Doors
Written by: Dale Slemons, Esq. We were recently notified that Premier Immediate Care will be closing both its local offices this summer. This will be permanent closure for the Lawrenceville office on June 30, 2016 and the Suwanee office on July
BETTER LATE THAN NEVER: GA Supreme Court reverses last summer’s COA decision which threatened to render WC statutes of limitation meaningless
Written by: Brian Mallow, Esq. On Monday, the Georgia Supreme Court, in a unanimous opinion, reversed a July 2015 decision of the Court of Appeals that severely restricted the application of both the “change in condition” statute of limitat
When is an Owner Also A Statutory Employer?
Written by: Lissa F. Klein, Esq. We often think of O.C.G.A. §34-9-8 as a statute that addresses the liability of principal contractors as “statutory employers” in the context of construction; however, this Code Section is not limited to ju
Georgia Court of Appeals Confirms Exclusive Remedy of Workers’ Comp Applies to Workplace Murder Pending Appeal to Supreme Court of Georgia
Written by: Michael Memberg, Esq. The Georgia Court of Appeals was recently asked to decide if a horrific case of workplace violence constituted an injury as defined by the Georgia Workers’ Compensation Act. In summary, a convicted felon li
The Rise of Opting-Out?
Written By: Byron Lindberg, Esq. Texas has always allowed employers to “opt-out” of its workers’ compensation system. Nonetheless, most employers in Texas have traditionally elected to eschew the Wild West uncertainty of liability proceed
Georgia Appeals Court Narrow Justification for Workers’ Comp. Denial
Written by: Melanie V. Slaton, Esq. The recent decision of Burdette v. Chandler Telecom, LLC, 335 Ga App 190 (2015), is instructive and explored what constitutes an “employee’s willful misconduct ” in the workers’ compensation context
Georgia State Board of Workers’ Compensation Updates Rules to Define the Role of Nurse Case Managers
Written by: Michael Memberg, Esq. On January 1, 2016, the Georgia State Board of Workers’ Compensation put into effect Board Rule 200.2 to clarify the rights of Employers/Insurers/TPAs to utilize a nurse case manager. Prior to this Rule, ther
Failure to Pay for Water, Bathroom and Rest Breaks: $1.75 Million
Written by: Don Benson, Esq. A December 16, 2015, federal court decision found that the pay of telemarketing employees was improperly docked for taking water, bathroom and rest breaks- virtually all time not spent making sales calls was treat
Dr. Jim Roderique Closes His Doors—Time to Cover Your Panel Bases
Written by: Sam Crochet, Esq. Recently, Georgia hand surgeon Jim Roderique announced he is retiring from the medical profession. A mainstay on many employer-panels over the years, Dr. Roderique’s retirement brings to light an important issue