Supreme Court of Georgia REVERSES the McRae Decision
On November 5, 2012, the Supreme Court of Georgia reversed the Court of Appeals holding in Arby’s Restaurant Group, Inc. et al. v. McRae.At the trial level, McRae had been directly ordered by the State Board to sign a medical release “expres
Clarifying Compensability of Accidents in Transit between Medical Appointments
Occasionally, an Employer/Insurer’s satisfaction of their obligation to provide an employee with appropriate medical care can create an increased risk of additional accidents. For example, an employee will likely have to brave the freeways
Unscheduled Breaks and Deviations from the Scope of Employment
As is well established in workers’ compensation law, in order for an injury to be compensable, it must have been sustained in the course and scope of the worker’s employment. However, there can sometimes be a very hazy line between activitie
Fictional New Injury vs. Change In Condition: A New Standard or Still a Blurry Line?
Two concepts that are often misunderstood and frequently the subject of litigation in Georgia are “fictional new injury” and “change in condition.” A recent case that made its way through the Georgia appellate system, Scott v. Shaw Ind
Georgia Court of Appeals Decision on “Diligent Job Search” Strengthens Maloney Defense for Employers and Insurers
dil·i·gent [dil-i-juhnt] adjective 1. constant in effort to accomplish something; attentive and persistent in doing anything: a diligent student. 2. done or pursued with persevering attention; painstaking: a diligent search of the file
RICO and Workers’ Compensation: Staying on the Right Side of the Law
When most people think of the Racketeer Influenced and Corrupt Organizations Act (RICO), theyimmediately think of the mafia and organized crime. However, a recent decision by the Sixth Circuit Court of Appeals may open the door for future RICO
Social Networkers Have Nowhere to Hide
“Privacy is no longer grounded in reasonable expectations, but rather in some theoretical protocol better known as wishful thinking.” Pretty harsh-but also pretty accurate. This is the language from the judge in a ruling in the 2010 New York
Claimant Training Day: The Recent Development of “IME Prep”
Recently, a Claimant attorney and two orthopedic surgeons have published “IME Prep,” an instructional DVD series created by Atlanta Claimant’s attorney Rob Hendrix. IME Prep is designed to educate claimants and their counsel about what goe
GOOD NEWS FROM THE GEORGIA SUPREME COURT
Today, the Georgia Supreme Court granted a writ of certiorari for the case of Arby’s Restaurant Group, Inc., et. al. v. Laura S. McCrae, Court of Appeals Case No. A11A1021. Since the Court of Appeals issued their ruling last December, claim
Illegal Immigrants and Workers’ Compensation
The Center for Immigration Studies estimates about five percent of workers in the U.S. are illegal immigrants. In some industries, such as food service and construction, it’s much higher – 18 percent for construction. While IRCA, the Immigra