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
Workers’ Comp Community Mourns the Loss of Dr. J. Carl Sutton
One of the most experienced and well-respected members of the workers’ compensation community, Dr. J. Carl Sutton, recently passed away. Dr. Sutton and his orthopedic practice, Sutton Orthopaedics & Sports Medicine, served as a panel provi
Concurrent Similar or Dissimilar Employment
Written by: Dale Slemons, Esq. When an Employee has concurrent employment and it is determined that the concurrent employment is similar, the claimant may be entitled to an increase in average weekly wage and ultimately his workers compensation
Dr. Michael Kalson Retires from Academy Orthopedics
Written by: Dale E. Slemons, Esq. As you know, one of the most important avenues to control the medical costs and overall exposure of your workers’ compensation claims is to utilize the control given to Employers by O.C.G.A. 34-9-201, which r
New Life for Georgia’s Willful Misconduct Defense: Supreme Court Reverses Court of Appeals Decision in Chandler Telecom, LLC v. Burdette
Written by: Brian Mallow, Esq. In a major victory for employers/insurers, the Georgia Supreme Court today reversed a Court of Appeals decision that significantly limited the application of the “willful misconduct” defense in Georgia workers
Georgia’s Willful Misconduct Defense: All Bark and No Bite?
By: Michael Memberg, Esq. The Georgia Workers’ Compensation Act provides that no compensation shall be allowed for an injury caused by an employee’s willful misconduct, including the willful failure or refusal to use a safety appliance or p