Court of Appeals defines how to calculate AWW for certain school employees
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 ben
July 1, 2019 Amendments to Georgia Workers’ Compensation Law
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 B
FLORIDA’S EXPERT MEDICAL ADVISER (EMA) STATUTE IS CONSTITUTIONAL
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 accepte
Significant Changes to the Workers’ Compensation Statute Are Under Consideration in Tallahassee
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
Why Our Defense Attorneys Care about Care.com
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 de
An Employee Injured While On A Regularly Scheduled Lunch Break is Not Entitled to Workers’ Compensation Benefits
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 benefi
Georgia Court Reaffirms Scheduled Lunch Break Exception
Written by: Daniel Richardson, Esq. Rochelle Frett worked as a claims associate for State Farm. Each workday she had a mandatory unpaid 45-minute lunch break. During her lunch break she was free to do as she pleased, including leaving the offic
Board Intends to Enforce WC-1 Filing Requirement in 2019
y: James G. Smith, Esq. Effective January 1, 2019, the Georgia State Board of Workers’ Compensation will begin actively enforcing the requirement to timely file a Form WC-1 in all claims, including those deemed “medical only.” Although
LINGO V. EARLY COUNTY GIN, INC. GEORGIA COURT OF APPEALS SUMMARY
Written by: Rayford Taylor, Esq. LINGO V. EARLY COUNTY GIN, INC. GEORGIA COURT OF APPEALS EMPLOYER WAS NOT ENTITLED TO STATUTORY PRESUMPTION CONCERNING DRUG USE Analysis An employer which seeks to use the statutory presumption that a workplace
New Claims Handling Standards in Tennessee
Written by: Byron Lindberg Several revisions to the Claims Handling Standards (0800-2-14) went into effect, on August 2, 2018, with new rules ranging from a requirement that adjusting entities designate a liaison between the entity and the Bure