OCGA § 34-9-11.1, Georgia’s statute that gives the insurer (or employer) the right to “assert the employee’s cause of action in tort” against a third party or parties if the...
Subrogated Georgia Insurer Has No Fiduciary Duty to Protect Injured Employee’s Interests Subrogated Georgia Insurer Has No Fiduciary Duty to Protect Injured Employee’s InterestsWithin the context of a Georgia workers’ compensation claim, a meretricious relationship works to deny dependency benefits, even if actual dependency exists, held a state appellate court on Tuesday [see...
In Georgia, Co-Habitation Without Marriage = No Death Benefits In Georgia, Co-Habitation Without Marriage = No Death BenefitsReiterating that Georgia Superior Courts are required to give appropriate deference to the factual findings of the Appellate Division of the Board of Workers’ Compensation, the Court of Appeals of...
Employer-Provided Motel Room Insufficient to Transform Georgia Worker into Traveling Employee Employer-Provided Motel Room Insufficient to Transform Georgia Worker into Traveling EmployeeA mother’s wrongful death action against her son’s employer was not barred by the exclusive remedy provisions of the Georgia Workers’ Compensation Act (“Act”) where the undisputed facts clearly showed...
Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently Hired Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently HiredWhere an patient’s treating physician dictated a narrative report that became part of the patient’s worker’s compensation claim file indicating that the patient, through a translator, had made threatening statements...
Georgia M.D.’s Medical Report Indicating Claimant Was Threat to Doctor and Staff Not Libelous Georgia M.D.’s Medical Report Indicating Claimant Was Threat to Doctor and Staff Not LibelousIn a dispute involving the dissolution of a law partnership and the rights of two attorneys in attorneys’ fees resulting from the settlement of workers’ compensation cases, Georgia’s Board of...
Georgia Comp Board Won’t Resolve Fee Dispute Between Attorneys Dissolving Their Firm Georgia Comp Board Won’t Resolve Fee Dispute Between Attorneys Dissolving Their FirmReversing the state’s Court of Appeals, the Supreme Court of Georgia has ruled that an employee who filed a claim under the state’s Workers’ Compensation Act, must authorize her treating...
Georgia: Claimant Required to Consent to Ex Parte Communications Between Treating Physician and Employer or Employer’s Representative Georgia: Claimant Required to Consent to Ex Parte Communications Between Treating Physician and Employer or Employer’s Representative