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Posts Tagged ‘court of appeals’

Update on the Georgia State Board of Workers’ Compensation

There will soon be a few changes to the Georgia State Board of Workers’ Compensation.  Carolyn Hall, the current chairperson of the State Board of Workers’ Compensation, will be stepping down.  It is widely suspected Bookmark It Hide Sites $$(‘div.d1068′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });

Recent Court of Appeals Decision on Workers’ Compensation

The Georgia Court of Appeals recently reversed a decision rendered by the Superior Court of Lowndes County on the issue of appellate jurisdiction.  The case at bar was Strickland v. Crossmark, Georgia Court of Appeals, A09A0491 (06/26/09). In this case, the claimant was an employee at Bookmark It Hide Sites $$(‘div.d967′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });

Georgia Court of Appeals Clarifies Workers’ Comp Requirements for Tolling Statute of Limitations in Catastrophic Designation Cases

On July 9, 2009, the Georgia Court of Appeals delivered its opinion in the Kroger Company v. Wilson case (A09A1226).  In this matter, the Court specifically addressed the application of the statute of limitations provision to a change of condition/catastrophic designation case. Bookmark It Hide Sites $$(‘div.d965′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });

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}) });

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}) });

Injury in Restroom Deemed Compensable

Pursuant to O.C.G.A. § 34-9-1(4), an employee’s injury may be compensable only if it is an injury “by accident arising out of and in the course of” the employee’s employment.  However, even in a case in which an employee is injured during a non-scheduled break the employee’s claim still may be deemed compensable. A court [...]

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 [...]