An employer argued that evidence was “newly discovered” because it was not available when benefits were voluntarily commenced within 21 days of knowledge of the injury. Citing Georgia Power v. Pinson, 167 Ga. App. 90 (1983), the employer contended that…
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The law firm of Victor Alexander, Jr. P.C., has been successfully representing Georgians suffering a loss of quality of life due to an accident or injury for more than three decades. Let us help you obtain the medical and income benefits you need for your Workers’ Compensation or Personal Injury claim.
Experts in Georgia Workers Compensation and Atlanta Personal Injury Cases
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Victor Alexander, Jr. P.C., has been successfully representing Georgians suffering a loss of quality of life due to an accident or injury since 1991. Let us help you obtain the medical and income benefits you need from your Georgia Workers' Compensation or Georgia Personal Injury claim.
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Employee Must Have Notice Of Issue And Opportunity To Be Heard Or Give Implied Consent Before ALJ Can Rule
Employee in Harris v. Eastman Youth Development Center ( A12A0580, April 16, 2012) injured her knee and developed low back pain which both ATP and ALJ found was due to the knee injury. Still, the ALJ denied the employee’s request…
Exercise of Discretion by Board In Favor of Employee is Supported By Court of Appeals
The Court of Appeals had no patience for the procedural missteps of the employer in Ready Mix USA, Inc v. Ross, A11A2173 (March 14, 2012). The injured employee served discovery and requested a hearing looking for authorization for an MRI,…
Truck Accidents, Federal Regulations, and the Driver’s Logbook
After long hours of driving on cross-country roads, anyone’s alertness drops and reaction time slows down. When this lull of the highway meets the chronic fatigue of a semi truck driver and the 80,000 pounds of a semi truck, accidents…
Workers Compensation Deviation from Employment – Or Not
An employee did not deviate from her employment when she “responded instinctively and instantaneously to an unexpected and dangerous situation that arose directly out of her job duties.” Stokes v. Coweta County Board of Education, A11A2062, (Court of Appeals, January…
Atlanta Workers Compensation – Attorney Ex Parte Communications with Doctors
Can benefits be withheld from a worker’s compensation claimant who refuses to let her employer’s attorneys talk to her physician out of the presence of herself or her attorney? The Court of Appeals says no in McRae v. Arby’s Restaurant…
Workers Compensation Injuries from a Fall
Idiopathic Claimant fell as she was turning down a store aisle. She fractured her leg in the fall and subsequently filed a claim for workers’ compensation. The administrative law judge ruled that Johnson’s injury arose out of the course of…
Exclusive Remedy in Workers Compensation Claim
A good discussion on exclusive remedy and an inability to sue employer in tort. Bayer Corporation et al. v. Lassiter, 282 Ga. App. 346, 638 S.E.2d 812 (2006). Wife cannot seek consortium claim from employer where wife has sought the…
Evidence in a Worker’s Compensation Case
Admissions Where a claimant makes certain admissions to formal requests for admissions and then states otherwise during the testimony, an Administrative Law Judge can’t disbelieve the admissions and accept the testimony. See Piedmont Aviation Inc. v. Washington, 181 Ga. App….
Trial Notebook: Estoppel – Worker’s Compensation
Equitable estoppel is a doctrine which could, in some circumstances be applied to a workers’ compensation case. An employer could be bound by the Act whether there was valid reliance if the worker relied on a misrepresentation that was covered. …
