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
Signs, signs EVERYWHERE
Written by: Lauren Dimitri, Esq. Signs are everywhere! In your office building (“Wet Floor”), on the sidewalk as you walk to lunch (“Sidewalk Closed”) or on the highway as you drive to work (“One Call, That’s All”). Signs are ofte
Horseplay or Not Horseplay: That is the Question
Written by: James G. Smith, Esq. Recently, I came across an interesting hypothetical scenario in which “horseplay” could have been asserted as a defense. The hypothetical is as follows: An employee arrives at work in the morning and parks h
The Neverending (Catastrophic) Story: Catastrophic Claimants and the O.C.G.A. §34-9-104 Statute of Limitation
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,
Navigational Tips for the Legislative Changes and “240 Process”
A misunderstood area of workers’ compensation defense exists in the notorious “240 process.” As we often see, an employee’s Facebook pictures, or perhaps his comments to a physical therapist, may be inconsistent with his complaints to th
Compound Medications Covered by the Georgia Fee Schedule
The Georgia Workers’ Compensation Medical Fee Schedule serves to establish maximum fee amounts and uniform payment guidelines for reimbursement to medical providers for their treatment of injured employees. This is not likely to be a surprise,
Legislative Changes to the Georgia Workers’ Compensation effective July 1, 2015
As you may know the Georgia Legislature meets during the first quarter of each year. Every couple of years they will make revisions to our laws in an effort to keep up with the times and to react to issues we all face in the actual practice of a