To Produce or not to Produce?
Written By: Lauren K. Dimitri, Esq. In July of this year, the Appellate Division of the State Board of Workers’ Compensation rendered a decision on surveillance that has created quite the buzz in the Comp community. The Employee in State Boar
Regularly Getting it Wrong
Written by: David S. Dix, Esq. For many employers in Georgia, Workers’ Compensation is simply fact of life and a cost of doing business. However, for smaller businesses with fewer employees, Workers’ Compensation may not be a foregone con
Oklahoma Supreme Court Declares “Opt-Out” Unconstitutional
Written by: Brian Mallow, Esq. Last week, in a 7-2 decision, the Oklahoma Supreme Court struck down the Oklahoma Employee Injury Benefit Act, otherwise known as the “Opt-Out Act,” holding that the Act is unconstitutional under the state’s
Can That Softball Game Injury Be Compensable?
Written by: Dale Slemons, Esq. Summer is slowly winding down and those fun filled, company sponsored, summer softball teams are gearing up for the playoffs, including our very own HBS “Devil Goats”. Good luck Goats!!! While most company sof
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