Monthly Archives: December 2008

Lawyers Should Avoid The Ghost of Chirstmas Past & Embrace Technology

Attorneys can be very resistant to change. Ebenezer Scrooge, in A Christmas Carol, was visited by the Ghost of Christmas Past. Ebenezer learned from this experience the necessity to change his past ways to ensure a happier and brighter future. … Continue reading

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One Lawyer’s Perspctive After Using Google’s Picasa 3 To View Photos & Documents

I have been using Picasa for several years to view photographs. Lately, I have been reviewing our photographs in past and present case files. For those of you who do not use Picasa, it can be wonderful tool for workers’ … Continue reading

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Atlanta Botanical Garden Construction Accident Involving Atlanta-based Hardin Construction Company Investigated by OSHA

Today, Angel Chupin, a 66 year-old construction worker, was killed and 18 others were injured when a tragic construction accident occurred on a construction site at the Atlanta Botanical Gardens. The workers were completing construction on a dramatic walkway through … Continue reading

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Case Law Update: Court of Appeals in Atlanta Re-Emphasizes That Employers Bear the Burden of Proof if a Death at Work is Due to Unexplained Reasons

On July 10, 2008 the Georgia Court of Appeals decided the case of Keystone Auto v. Hall, 292 Ga. App. 645 (2008). This is a case in which an employee died on the job after having what appears to have … Continue reading

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New Case Update: For a Psychological Injury to be Compensable Under Georgia Law, the Injury Must Satisfy Certain Conditions

On October 17, 2008 the Georgia Court of Appeals decided the case of DeKalb Board of Education v. Singleton, 2008 Ga. App. Lexis 1116. This case involved a psychological injury under O.C.G.A. § 34-9-105(c)(5). The facts of this case are … Continue reading

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Case Law Update: Court of Appeals in Atlanta Attempts to Clarify Law Regarding Dates of Accident on Notices of Claim

On July 10, 2008 the Georgia Court of Appeals decided the case of McLendon v. Advertising That Works, 2008 Ga. App. Lexis 833. This case involved several dates of accidents and several and numerous WC-14 notices of claims. The attorney … Continue reading

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Case Law Update: The Role of Appeals to Superior Court in Workers’ Compensation Appeals

On November 14, 2008, the Georgia Court of Appeals decided the case of Holder v. City of Atlanta, 2008 Ga. App. Lexis 1236. This case involved enforcement of a settlement agreement at the Superior Court level. This case emphasized the … Continue reading

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Case Law Update: Workers’ Comp Attorneys Should Review All Legal Requirements When Pursuing Judgments in Superior Court, Including Those Against Uninsured Employers

On August 15, 2008 the Georgia Court of Appeals decided the case of Taylor v. Peachbelt Properties, Inc., 2008 Ga. App. Lexis 932. This case involved the enforcement of a judgment in the Superior Court after a workers’ compensation case … Continue reading

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Workers’ Comp Case Law Update: Claimant Credibility Helps in a Workers’ Compensation Case Decision When Other Evidence May Not Be So Clear

On June 18, 2008 the Georgia Court of Appeals decided the case of Parham v. Swift Transportation Company, Inc., 292 Ga. App. 53 (2008). This case involved two primary issues important to injured workers in Georgia. First, this case emphasized … Continue reading

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Case Law Update: Jail Inmate is Barred from Bringing Workers’ Compensaiton Case Under Georgia Law

On October 17, 2008, the Georgia Court of Appeals decided the case of Clarke v. Country Home Bakers, 2008 Ga. App. Lexis 1109. This case involved a simple issue of whether an inmate who suffered serious injuries while working at … Continue reading

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Georgia Workers’ Compensation Claimant is Barred by Statute of Limitations from Seeking Additional Income Benefits Despite Employer/Insurer’s Failure to File Form WC-2

On June 27, 2008 the Georgia Court of Appeals decided the case of United Grocery Outlet et al v. Bennett, 2008 Ga. App. Lexis 772. In this case, a claimant was paid workers’ compensation benefits in the form of temporary … Continue reading

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Georgia Court of Appeals Once Again Limits Suits Against Co-employees for Personal Injury After Work Accidents

On July 8, 2008, the Georgia Court of Appeals decided the case of Rheem Manufacturing Company v. Butts, 2008 Ga. App. Lexis 814. In this case, an injured employee filed a medical malpractice lawsuit against a physician employed by his … Continue reading

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Atlanta Workers’ Compensatinon Case Law Update: GA Court of Appeals Addresses Wrongful Death Suit From Fulton County Courthouse Shootings

On June 26, 2008, the Georgia Court of Appeals decided the case of Freeman v. Brandau et. al, 2008 Ga. App. Lexis 760. This case stemmed from the tragic events that took place at the Fulton County Courthouse in which … Continue reading

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