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 (more…)
court of appeals
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 (more…)
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. (more…)
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…)
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…)
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 has previously stated (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…)
