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EMPLOYEE WHO FAILED TO DISCLOSE PRIOR WORK INJURY STILL ENTITLED TO WORKERS’ COMP BENEFITS

EMPLOYEE WHO FAILED TO DISCLOSE PRIOR WORK INJURY ON JOB APPLICATION STILL ENTITLED TO WORK WITHIN RESTRICTIONS OR WORKERS’ COMPENSATION BENEFITS FROM CURRENT  EMPLOYER McDuffie v. Ocmulgee EMC, 338 Ga. App. 200, 789 S.E.2d 415 (2016), illustrated an extremely convoluted decision from the Georgia Court of Appeals. Ten judges participated in this decision. Three judges…

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Negligence & Spoliation Of Evidence leads to Plaintiff Getting Her Day In Court

08/09/2016 |

This case involved an elevator accident. What makes this case especially interesting is that special rules govern the standards of negligence and the preservation of evidence in elevator accident cases. These rules go far beyond what is usually required in a tort claim for negligence. The Georgia Court of Appeals reversed an order for summary…

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DEFENDANTS OBTAIN REVERSAL OF DEFAULT JUDGMENT

This case began when Met-Test, LLC, filed suit in magistrate court to collect unpaid bills from Sondi Moore-Waters, a physician,.  The magistrate court dismissed the suit, and Med-Test appealed to Fulton County Superior Court.  Med-Test moved to amend its complaint to add two defendants:  Alphonso Waters, Moore-Waters’ husband and practice manager, plus Family Practice of…

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BEWARE OF STATE: DON’T LET YOUR PERSONAL INJURY CLAIM AGAINST THE STATE BE BARRED

Claims against the state for personal injuries are more difficult to pursue than claims against a private individual or business.  Georgia has created a maze of procedures and barriers that apply only to claims against the government, but not to claims against any other person or entity. This is based on a legal doctrine called…

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Veterans Day

11/11/2015 |

In 1918, a cease-fire was declared between the Allied forces and Germany in WWI, on the 11th hour of the 11th day of the 11th month. Veterans day, originally Armistice Day, was first celebrated in 1919 on November 11th to commemorate the cease-fire and to honor the military personnel who fought in the war. In 1938,…

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WORKERS’ COMPENSATION: NEW TRAP

11/09/2015 |

O.C.G.A. §34-9-104 is being applied in a new way detrimental to injured workers.  The Georgia Supreme Court in MARTA v. Reid, 295 Ga. 863, 763 S.E.2d 695 (2014)  has made it so claims for temporary total disability (TTD) benefits and late penalties owed, but wrongly never paid by employers and their workers’ compensation insurers, are…

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