What happens when an employee is hurt on the job, comes back, but then goes back out because of the work injury? The problem that presents is itself is whether the reason for the disability is a “change of condition” of the previous injury or a “fictional new date of accident”. The distinction can be confusing and may have an impact on whether the employee has a statute of limitation problem. (more…)
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. (more…)
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 born out of wedlock. Married children are not considered dependents.
As for grandchildren (more…)
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, (more…)
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 there be “reasonable grounds” to seek the new determination. (more…)
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. (more…)
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 (more…)
