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Disability Law

Georgia Law Blog

Covers accident & injury law in the state of Georgia including, wrongful death, defective medical devices, medical malpractice, nursing home abuse, pharmaceutical litigation, and car accidents.
By Jack E. Clay

Post Frequency: 0.6/day

Last Entry: March 11, 2010 at 19:53:23

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

Posted on December 19, 2008
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 the Gardens when it collapsed, sending workers falling to the ground...

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

Posted on December 10, 2008
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 been a heart attack. Heart cases are treated especially by Georgia Workers' Compensation laws...

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

Posted on December 08, 2008
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 fairly straightforward...

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

Posted on December 07, 2008
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 for the claimant dismissed with prejudice several WC-14 claims at the hearing...

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

Posted on December 06, 2008
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 point that, under O...

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

Posted on December 05, 2008
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 was decided. In this case, the claimant filed a workers? compensation case against an uninsured employer...

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

Posted on December 04, 2008
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 the fact that the testimony of an injured worker is very important, perhaps as important as or more important than the testimony of a medical expert...

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

Posted on December 03, 2008
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 bakery should recover workers? compensation benefits...

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

Posted on December 02, 2008
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 total disability benefits. The employer stopped paying the benefits and failed to file a Form WC 2...

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

Posted on December 01, 2008
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 several people were murdered. Specifically, Julie Ann Brandau was Judge Barnes' court reporter in Fulton County Superior Court...

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

Posted on December 01, 2008
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 employer. The claimant had a knee injury and sought treatment from a physician who was employed by an on-site medical clinic at Rheem Manufacturing Company...

How Our Atlanta Workers Comp and Serious Injury Lawyers Use CPT Codes

Posted on November 22, 2008
As mentioned in previous blogs, Current Procedural Terminology Codes (CPT Codes) are a major part of medical records and billing. Our Douglasville law firm uses these codes when reviewing and summarizing medical records and bills. Basically, this is a coding system used by medical professionals to describe specific procedures, services, etc...

How Our Douglasville Injury Law Firm Intersects with the American Medical Association

Posted on November 19, 2008
The American Medical Association (AMA) is an organization that provides information and guidelines for medical providers during the treatment of a patient through the use of several available resources. For example, a physician may use the AMA?s guidelines to evaluate permanent impairment to determine a patient?s limitations as they relate to an injury sustained on the job or from an automobile accident...

When A Car Accident Happens: Tips From A Douglasville Auto Accident Attorney

Posted on November 12, 2008
Recently, we received a rash of phone calls calls from victims of car accidents who are uncertain as to how to proceed. An unexpected car wreck can be very serious. As we approach a holiday season, the roads are likely to be filled with more traffic and bad conditions...

A Brief Overview of Georgia's Workers? Compensation Medical Fee Schedule

Posted on November 08, 2008
Medical information is essential for all injury cases. In workers? compensation, medical information assists attorneys for Claimants in understanding a client?s specific injuries as well as by providing a detailed report on a client?s ongoing treatment and expected outcome...

Attention Georgia Motorcyclists: Recent Studies On Motorcycle Accidents Enforces Necessity for Safety

Posted on November 06, 2008
Last week, a study performed by the insurance industry stated the addition of anti-lock brakes on motorcycles has reduced the number of fatal crashes by 38% because this type of brake system assists a cyclist in coming to a more secure stop. The study was performed due to an alarming increase in fatalities due to motorcycle accidents: more than 5,100 individuals were killed in motorcycle wrecks in 2007, representing almost double the number of fatalities in the late 1990s...

Back to Basics Part 2: Filing A Claim With the State Board of Workers? Compensation is Necessary for Atlanta Workers' Compensation Claimants

Posted on November 05, 2008
Statutes of Limitation under Georgia's workers' compensation law can be very confusing for the injured worker. I tend to dislike long disclaimers, but please hear me out when it comes to the subject of time limits under Georgia law for on the job injuries...

Back to Basics: Georgia Workers? Compensation Procedure for Giving Notice of Injury

Posted on October 26, 2008
As 2008 grows closer to its end, I realize that my articles have taken several steps in many different directions. I believe that occasionally it is beneficial to go back to the basics to review and understand the ins and outs of workers? compensation law...

Elect Beau McClain Douglas County Superior Court Judge Bar-B-Que

Posted on October 24, 2008
The public is invited to a free family Bar-B-Que at former Douglas County Sheriff Tommy Waldrop's farm located at the corner of Highway 78 and Post Road in Winston, GA. The event is from 2:00 p.m. to 6:00 p.m. This event is being held in support of Beau McClain who is running for Douglas County Superior Court Judge on November 4, 2008.

New Law Seeks To Reduce Injuries In School Bus Accidents

Posted on October 23, 2008
On October 15, 2008, the United States Secretary of Transportation announced new rules that will make school buses safer for students. The rules include requiring higher seat backs that will prevent taller children or adults from being thrown out of their seats and risking injuries to themselves and others, mandating seat belts to protect children while in their seats, and setting standards for the seat belts for different types of buses...

Medical Narrative Letters Can Be An Essential Tool In Injury Cases

Posted on October 22, 2008
I have blogged in the past about the importance of medical bills and records in workers? compensation and serious injury cases. When someone is injured at work or hurt in a car accident, the medical records track the progression of the person?s injuries, treatment, and recovery...

October is National Physical Therapy Month

Posted on October 08, 2008
The American Physical Therapy Association (APTA) has dedicated October as National Physical Therapy Month. This nationally-recognized month began nearly thirty years ago. The goal is to educate individuals about the importance of physical therapy and inform about procedures, terms, and tips for recovery from injuries that are often the result of an untimely auto accident or a work accident...

Workers' Compensation Claimants Should Carefully Consider Their Options When Choosing To Move Out of State

Posted on October 07, 2008
A common question I am asked is the following: ?If I move out of state during the course of my workers? compensation case, what will happen?? As an Atlanta / Douglasville workers comp attorney, I have been asked this question several times. Though there is not a definitive answer, I have advised clients in the past that, unless there are compelling reasons for an out-of-state move, it may not be advisable to move...

Georgia Workers' Compensation Claimants Collecting Weekly Beneftis Should Perform A Dilligent Job Search In Many Cases

Posted on October 06, 2008
As an workers? compensation attorney in Douglasville, Georgia, I have encountered several cases in which a client has been fired from his or her job. While sometimes this action may be result of the injuries sustained in a work accident, oftentimes a client is terminated or quits for reasons that are not related to their injuries...

Construction Projects and Road Improvements Should Caution Douglas County & Douglasville Drivers to Avoid Auto Accidents

Posted on October 01, 2008
Douglas County, Georgia has grown substantially in recent years. For example, the addition of Arbor Place Mall to our area has encouraged businesses to set up shop for the growing population in Douglasville. Along with new businesses came the necessity for intersection improvements and other roadway upgrades...

An Overview of the Georgia State Board of Workers' Compensation ICMS Computer System

Posted on September 26, 2008
Over the past few years, the State Board of Workers? Compensation has worked diligently to execute and effectively use what is referred to as an Integrated Claims Management System, or ICMS. Basically, the system is designed for workers? compensation law firms, insurers and others to electronically submit Board forms that were previously mailed to the Board in paper form...

Douglasville, Georgia Drivers Should Be Aware of Automobile Recalls

Posted on September 25, 2008
In my experience as a Douglasville injury lawyer, I have handled hundreds of cases where individuals have been injured in car accidents. The cause of an auto accident tells a specific story. With use of a police report, for example, my Douglas County law office is able to better understand how an auto wreck occurred and who may be at fault...

Atlanta & Douglasville Workers' Compensation Claimants: If You Are Unhappy With The Workers' Compensation Doctor, You May Be Entitled To Get A New Doctor

Posted on September 23, 2008
When someone is injured on the job, they may find themselves overwhelmed by the changes in their life. Work injuries are not only unexpected and painful, but can also be life-changing. If someone is hurt at work, it is important for the injured worker to seek legal advice to ensure that their rights are being protected...

Good News: Georgia Enacts Tougher DUI Laws

Posted on September 22, 2008
Injuries sustained in an auto wreck caused by a drunk driver can be permanent, debilitating, and costly. I have seen this happen far too many times. The emotional and physical pain caused by a car accident such as this may never fully go away. Georgia drivers may feel a bit more at ease to know that a new DUI law passed on July 1, 2008 enforcing harsher punishments on drunk drivers...

Georgia Workers' Compensation Allows Mileage Reimbursement

Posted on September 18, 2008
In the years that I have worked as a workers? compensation attorney in the Atlanta area, I have been asked several questions about workers? compensation law and have had to debunk several myths along the way. One of the questions that has been asked is whether or not an injured worker will receive mileage reimbursement for travel expenses that relate to medical treatment for their on the job injury...

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