In a recent case, a court was asked to decide whether an employee’s obesity was the primary cause of a work injury which would have prevented the employee from receiving benefits. The court announced that the determining factor was whether the employee was injured while performing an activity that was part of his/her job. If [...]
Posts Tagged ‘case law’
Court of Appeals Decision: Change of Condition v. New Injury
The Georgia Court of Appeals recently issued an opinion in which it clarified one of the distinctions between a new injury and a change of condition. Bookmark It Hide Sites $$(‘div.d766′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });
Are grandchildren considered dependents and eligible to receive death benefits?
In society today, it is not unusual to see grandchildren living with their grandparents. Under the workers’ compensation laws are grandchildren considered dependents? Biological children of an employee that are under age 18 are considered dependents. Pursuant to O.C.G.A. § 34-9-13, a “child” also includes dependent stepchildren, legally adopted children, posthumous children, and acknowledged children [...]
Injured during a break at work in Georgia
The Appellate Division recently examined two different scenarios in which a worker was injured while performing tasks that were not part of their job duties and came up with two different results. In the first case, Bookmark It Hide Sites $$(‘div.d208′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });
Death and Georgia’s Workers’ Compensation Claims
From time to time an injured worker will file a workers’ compensation claim and subsequently die before the resolution of the claim. This is always a sad situation and it can leave the surviving family members and the deceased’s former employer uncertain as to the proper way to handle the pending claim. Initially, one might [...]
Catastrophic Does not Necessarily Mean Forever
In 2005, the Georgia State Legislature amended O.C.G.A 34-9-200.1 to include section (i). Pursuant to section (i), when a claimant has been deemed catastrophic, either by the employer or the State Board, it is possible to request new determination as to the catastrophic or non-catastrophic nature of the employee’s injury. The only requirement is that [...]
TPD Rates are not Automatic
O.C.G.A § 34-9-262 provides: “. . . where the disability to work resulting from the injury is partial in character to temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to 2/3 of the difference between the average weekly wage before the injury and the [...]
Drinking and Georgia’s Workers’ Compensation Law Don’t Mix
Occasionally, when the members of the Ramos Law Firm are preparing to defend an employer against a workers’ compensation claim we come across evidence indicating that the injured employee may have been intoxicated when he was injured at work. Bookmark It Hide Sites $$(‘div.d448′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });
Recent Court of Appeals Decision – Death Benefits
The Court of Appeals recently published its decision in Sherman Concrete Pipe Co. v. Chinn, 283 Ga. 468 (2008). Although limited in its application, it is an excellent Bookmark It Hide Sites $$(‘div.d252′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });
Subrogation – Fact or Fiction?
O.C.G.A. 34-9-11.1(b) provides that when an employee has a cause of action against a third-party tortfeasor in a work-related accident and the employer has paid Bookmark It Hide Sites $$(‘div.d256′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });
