Despite the right of the workers’ compensation insurance carrier to “assert the employee’s cause of action in tort” under some circumstances [see OCGA § 34-9-11.1), the Georgia carrier owes no fiduciary duty to protect the interests...
Emphasizing that it was for Georgia’s State Board of Workers’ Compensation to resolve a conflict in the evidence and not for the superior court, which initially reviewed the Board’s decision, a state appellate court reversed and remanded a case...
A borrowed servant may not recover in tort against the "regular" employees of the borrowing employer, held a Georgia appellate court. Accordingly, a state trial court erred when it refused to grant summary judgment in favor of a defendant-employee of...
A Georgia appellate court, in a divided decision, reversed a trial court’s determination that a worker was a “continuous employee” and, accordingly, was due workers’ compensation benefits for an injury sustained on a Sunday afternoon while...
In Georgia, violation of express instructions or the mere doing of a hazardous act in which the danger is obvious does not constitute willful misconduct that disqualifies an injured employee from an award of benefits; the employer must also show that the intentional...
This article surveys recent legal trends in the states of Arizona, California, Delaware, Georgia, and Kentucky as explained by our workers’ compensation experts below. ARIZONA The Arizona Legislature has enacted several new laws, all of them effective...
CA: Ins. Dept. Announces 10.5 Percent Workers’ Comp Rate Reduction . CA: New Round of Charges Filed Against Medical Providers in WC System . CA: Sen. Mendoza Calls for Study, Investigation of WC Fraud . CA: UnitedHealth Exits ACA Market in California...
NCCI Posts Hartwig Presentation of Future of P&C Market and American Workplace . NCCI Posts Presentation of Insurance in an Exponential World . NCCI Posts Presentation for Affordable Care Act and Workers Comp . NCCI Posts Presentation on Prescription...
CDC Posts Final Opioid Guidelines for 2016 . ProPublica: Doctors Receiving Company Cash Tend to Prescribe More Brand-Name Drugs . U.S. Prescription Drug Spending Rose 5 Percent in 2015 . CA: DWC Announces Appointments to Ethics Advisory Committee . CA:...
Sedgwick Institute Names Workers Comp Expert Richard Victor as Senior Fellow . NIOSH Examines Latest Advances in Assessing Occupational Exposure Limits . JPMorgan Chase Study Examines Impact of “Online Platform Economy” . AK: DWC Emergency Regulations...
Where an employee was shot and killed by a co-employee on the special employer’s premises for no apparent reason—the two hardly knew each other and had no difficulties with each at work—the death did not arise out of and in the course of the employment. Accordingly...
Senator Wants CDC to Explore Use of Medical Marijuana to Combat Opioid Abuse . NIOSH Explains Recommended Exposure Limit for Occupational Noise . NIOSH Offers Employers Advice on Helping Workers Use Vehicle Safety Features . AL: SB 122 Would Limit Employer’s...
A dictated statement by a treating physician that became part of the injured worker’s claim file that said the worker had communicated threats to the physician, through an interpreter, and that the physician considered the worker to be a threat to both the physician...
WCRI: Medical Prices Lower, Grew Slower in States With Medical Fee Schedules . OSHA Seeks Public Comment on Safety & Health Program Management Guidelines . US Dept. of Labor Proposes Rule to Update Implementation of EEOICPA . Documentary Film Made of...
NCCI Posts Sept. 2015 Quarterly Economics Briefing Newsletter . ProPublica Wins Journalism Award for ‘Insult to Injury’ Workers’ Comp Series . EEOC Declares Workers Comp Guidelines Don’t Supersede ADA . AL: NCCI Explains 8.2 Percent...