Court of Appeals Narrows “Idiopathic Fall” Defense in Cartersville City Schools V. Johnson Decision
Written by: Lissa F. Klein, Esq. The Court of Appeals chipped further away at the “idiopathic fall” defense and overruled a key case concerning this defense in the recent decision of Cartersville City Schools v. Johnson, A17A1469 (March 16
Potential Change in Dependency Entitlement for Unmarried Claimants
Written by: Michael E. Memberg, Esq. The individuals who can claim workers’ compensation death benefits under Georgia law are defined by O.C.G.A. § 34-9-13. With respect to a surviving spouse, parent, or child of a deceased employee, the p
Wearable Technology
Written by: Kawania James, Esq. When an injured worker is not forthcoming about his condition, it could lead to an Employer/Insurer unnecessarily paying hundreds or thousands of dollars for a work injury that has resolved or an alleged disabili
HBS Attorneys Notch Win for Employer/Insurers in the Supreme Court of Georgia
By: James G. Smith, Esq. In a decision handed down this week, the Supreme Court of Georgia issued a notable “win” for Employer/Insurers in a case that has made its way through the courts over the past several years (Ocmulgee EMC et. al. v.
Changes May be Coming for Workers’ Compensation Adjusters in Tennessee
Written by: Byron K. Lindberg, Esq. Tennessee is one of only a handful of states that does not recognize certification of workers’ compensation adjusters; but that may be about to change. On August 29, 2017, the Bureau of Workers’ Compensat
Another Constitutional Challenge to Florida’s Workers’ Compensation Statute is on the Way
Written by: Rayford Taylor, Esq. The First District Court of Appeal recently considered an appeal in the case of Julio Jiminez v. UPS, Case No. 1D16-4959, involving a challenge to Section 440.12(2) Fla. Stat. (2014). That statute sets the cap
Understanding the Compensability of Hernia Injuries
Written by: James G. Smith, Esq. Georgia law provides special rules for determining whether a hernia injury is compensable. I have had a several hernia cases recently, and in each case, the “heavy lifting” of defending the claim undoubtedly
Goodbye, Parsons Presumption
Written by: Robert J. McCune, Esq. It is of course the plaintiff’s initial burden of proof to establish that their work-related accident caused compensable injuries. What happens when the plaintiff develops different injury claims arising fro
Recent Case Decision: Defining Workers Compensation Medical Benefits
By: Mariel Smith, Esq. On June 20, 2017, in the case of Kendrick v. SRA Track, Inc. the Court of Appeals of Georgia held that in a case where the employee was injured in a motorcycle accident, the employer was not time-barred under OCGA. § 34-
Alabama Judge Declares State’s Workers’ Compensation Act Unconstitutional
Written by: Brian Mallow, Esq. On Monday, an Alabama Circuit Court Judge issued an order, finding two provisions of the Alabama Workers’ Compensation Act unconstitutional. Judge Pat Ballard held that the state’s $220 per week cap on permane