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Atlanta Georgia Legal Blog

Georgia Supreme Court Reverses Jury Award in Favor of Dental Patient Who Was Sexually Assaulted by CRNA

dental-tools-300x209.jpgUnder Georgia law, an injured person must prove four elements in order to establish a cause of action for negligence: duty, breach of duty, causation, and damages. A failure to prove any one of the elements by a preponderance of the evidence will lead to a judgment for the defendant.

Georgia Supreme Court: Car Accident Settlement Offer May Contain Payment Deadline

paid-300x300.jpgThere's a familiar expression to the effect, "it ain't over 'til it's over." The idea is that something may seem to be coming to a certain conclusion, but it isn't truly over until a particular event takes place. This concept has application in many walks of life, including the settlement of personal injury and wrongful death claims arising from car accidents caused by a negligent driver.

Georgia Workers' Compensation Benefits, by the Numbers

calulator-keys-300x225.jpgUnlike negligence cases arising from car, truck, or motorcycle accidents, the compensation available in a workers' compensation case is highly structured and is even subject to certain minimum and maximum benefits. (Because of factors like inflation and cost of living increases, the amount of minimum and maximum weekly compensation benefits varies over time.)

The Exclusive Remedy Doctrine of the Georgia Workers' Compensation Law and Possible Exceptions

shutterstock_184276655-768x480.jpgMost people have never heard of the "exclusive remedy" provision of Georgia's workers' compensation law. Given the frequency with which the word "exclusive" is used in conjunction with a sales pitch in popular culture (such as an "exclusive offer" or an "exclusive resort"), the term might be quite confusing in the context of a work-related injury
claim.

Georgia Court of Appeals Overturns Summary Judgment in Negligence Case Involving Nursing and Rehabilitation Center Patient's Death

empty-hospital-bed-300x225.jpgWhen a medical provider's treatment of a patient falls below the applicable standard of care, a cause of action for medical negligence or wrongful death may lie. Of course, liability is not automatic - even when a patient dies.

Latest Fatal Car Accident Statistics Are Cause for Alarm in Atlanta and Elsewhere

cellphone-768x510.jpgWith all the advances in vehicle safety in recent years, one would assume that traffic fatalities would be on the downswing. Unfortunately, that assumption would be wrong. Despite air bags, back-up cameras, anti-lock brakes, and other safety equipment, the National Safety Council estimates that were more traffic deaths last year than in almost a decade.

Workers' Compensation Law Pertaining to Cancer Could Be Changing for Some

Firefighters-220x300.jpgUnder Georgia's workers' compensation laws, those who are "injured" on the job have a right to pursue certain benefits through their employer's workers' compensation insurance carrier. In fact, the State of Georgia even refers to workers' compensation as an "accident insurance program" in literature designed to educate workers about their rights.

Georgia Court Refuses Injured Worker's Request for Interlocutory Relief from Protective Order

wooden-gavel-300x200.jpg

Even if the employer or insurer has accepted an injured worker's claim for workers' compensation benefits, the injured worker can find herself involved in a court case for seemingly any no reason. The employer and insurer have the right to request a hearing to determine eligibility for workers' compensation benefits essentially at any time.

Before a court can render a decision on a matter that has come before it, the court must have jurisdiction. This includes both personal jurisdiction over the parties and subject matter jurisdiction over the dispute between the parties. In Georgia, the tribunal that has jurisdiction in cases arising under the state's workers' compensation laws is the State Board of Workers' Compensation. Typically, an administrative law judge makes the final award or order in such a case, but the Board's Appellate Division has jurisdiction over an appeal from the administrative law judge's decision. If a party is dissatisfied with the Board's decision, there is a possibility for further review by the courts.

Explaining Georgia Workers' Compensation Law, Vol. 1

shutterstock_255414412-300x200.jpgGeorgia workers' compensation law is very complex. Even the most seasoned claims professionals and human resources personnel struggle from time to time with the intricacies of Workers' Compensation Act. My blog posts on this topic are aimed at providing basic knowledge and familiarity with the system so that injured workers can begin to level the playing field in handling their claims against employers and their insurance companies.

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