Category: Workers’ Compensation Litigation

If you file a workers’ compensation hearing request in Georgia, you will almost certainly have your workers’ comp deposition taken by the insurance defense attorney. You may be a bit nervous about sitting in a conference room with a couple of lawyers and a court reporter, but in general, it’s not an event to dread.  … Read more

Can you be fired while on workers’ comp in Georgia? Although an employer in Georgia cannot fire you for filing a workers’ comp claim, they can fire you for any other reason while you are receiving workers’ comp benefits. That said, proving you were fired because of your workplace injury can be difficult, as many  … Read more

Imagine this scenario: Una empleada de un asilo para ancianos –vamos a llamarle Juana–se lastima, mientras trabaja, cuando se resbala y se cae en un punto mojado sin señalar en el piso. Juana reporta el incidente inmediatamente a su supervisor y, a continuación, presenta un reclamo para beneficios médicos, beneficios para discapacidad temporal y cualquier  … Read more

How many times could a company with a homegrown, wholesome name like Ralph’s Grocery Co. turn a blind eye to the medical needs of an injured employee? According to the California Workers’ Compensation Appeals board, 11 is the lucky number. The trouble began in December 2003, when Charles Romano sustained an injury to his left  … Read more

Imagine this scenario: A nursing home employee–let’s call her Janice–is injured on the job when she slips and falls on an unmarked wet spot on the floor. She immediately reports the injury to her supervisor and proceeds to file a request for medical benefits, temporary disability benefits, and whatever else she may need in the  … Read more

Here is the story of one man, his company, and a rather unscrupulous claims adjuster. Kevin Miles, the sole owner and manager of Nebo Ventures, LLC, made his living helping various companies obtain and fulfill contracts with both state and local governments. In 2003, he was contracted by a larger company (formerly known as NovaPro,  … Read more

Unfortunately, the Atlanta State Board of Workers’ Compensation has a few Administrative Law Judges and many, many Georgia workers’ compensation claims to be heard at each calendar call. In my experience, at least 99% of “first set” hearings are postponed at least 30 days. More often than not, even “second set” hearings are postponed. Why? When we  … Read more

Most of the time, if a case is being heard on appeal, that court is looking for mistakes made in application of the law (or in the law itself, if it’s an appellate court that’s allowed to make such a ruling), but the first level of appeals for a workers’ compensation case in Georgia can  … Read more

Workers’ comp fraud: the phrase conjures images of employees playing hooky and pretending to suffer from crippling injuries sustained at work, all while cashing in a nice, big check from their innocent and well-meaning employers. Right? Wrong. According to a list compiled by Professor Leonard T. Jernigan, Jr., 49 of 50 fraudulent workers’ comp cases  … Read more

In the midst of a workers’ comp case, most insurance companies will use whatever they can get their hands on to protect their assets—including social media. Although a legal precedent has not been set, some courts have allowed the use of photos and personal information posted to social media sites as evidence for a plaintiff’s condition, or  … Read more