In honor of our Firm's anniversary, we would like to treat you. During the month of June, print out this coupon and with a purchase of a meal, you will receive an appetizer and two drinks on us at Salsa on Howell Mill Road. We appreciate your business and look forward to working with you more in the future. Hope you enjoy!
With offices in Atlanta and Columbus, Georgia, The Finley Firm, P.C. offers legal services in many areas of civil litigation and workers' compensation representing individuals, small business owners and Fortune 500 Companies. For more information about the Firm and services, please visit www.thefinleyfirm.com.
If you have problems viewing the coupon, please email Vanessa Williams at vwilliams@thefinleyfirm.com.
Upcoming Events
July 23, 2009-The attorneys and staff will volunteer for the day at Atlanta Food Bank.
Seminars
The Finley Firm provides FREE in-house seminars for ALL of our clients in all subjects-Ethics, Liability, Workers' Compensation and more! We are also happy to tailor a course to your needs.
Please contact Vanessa Williams at 404.320.9979 or vwilliams@thefinleyfirm.com to schedule a seminar for your staff.
Legislative Update
The 2009 regular session of the Georgia General Assembly concluded on April 3, 2009. Some changes were made to the Workers’ Compensation Act, although nothing major was affected (e.g. §34-9-104 and §34-9-240 have remained essentially unchanged since the early 1990s). The bill, HB330, was passed and signed into law by Governor Perdue on April 21, 2009, and the changes become on July 1, 2009.
• §34-9-102(f) was amended to allow notice of an ALJ award to the counsel of record to constitute notice to the party, if a copy of the award was sent to the party at its address of record. Furthermore, an ALJ award now becomes final 20 days after issuance of notice of the award.
• §34-9-103(a) was amended to allow notice of an appellate division award to the counsel of record to constitute notice to the party, if a copy of the award was sent to the party at its address of record. Furthermore, an appellate division award now becomes final 20 days after issuance of notice of the award.
• §34-9-121 was amended, adding a new subsection (b). Basically, the new language allows an out-of-state employer in the construction industry to cover its employees in Georgia with an out-of-state policy if the employer’s home state would grant a Georgia employer the same sort of reciprocity.
• §34-9-207 was amended to apply the employee’s waiver of privilege and confidentiality to all medical history which is reasonably related to a claimed injury. Furthermore, if the employee refuses to provide a signed WC-207, the refusal must be deemed unjustified in the opinion of the Board before an employer can suspend benefits based on the refusal or before the right to a hearing on the issues is suspended.
• §34-9-223 was amended to give the Board the power to require a trustee to administer a lump sum settlement paid under §34-9-15.
• §34-9-385 was amended for the “housekeeping” reason of updating a reference to §34-9-121 to reflect the re-lettering of subsection (c) as subsection (d).
CASE LAW UPDATE
Coca-Cola Co. v. Parker (Ga. App., March 26, 2009): The Court of Appeals held the exclusive remedy provision of the Georgia Workers’ Compensation Act bars claims against an employer/supervisor for intentional infliction of emotional distress if the claims stem from a compensable work injury. This case was handled by TFF’s, Christopher R. Reeves, who successfully defended the employer in this case.
Tara Foods v. Johnson (Ga. App., March 26, 2009): The Court of Appeals held that a request for a catastrophic designation was barred by the two year statute of limitations for changes in condition. This decision reaffirms prior holdings that a request for catastrophic designation is a request for change in condition, so any hearing request or WC-R1CATEE must be filed with the board within two years of the last payment of income benefits. A filed notice of claim is not enough to toll the statute.
City of Atlanta v. Roach (Ga. App., April 8, 2009): The Court of Appeals held there is no superadded injury if non-prescribed medical treatment causes a new injury. In this case, a claimant was using a heating pad to treat his work injury, but his authorized treating physician had never instructed him to use a heating pad. He fell asleep on the heating pad and received severe burns, which the Court of Appeals held not to be a superadded compensable injury.
Liberty Mut. Ins. Co. v. Roark (Ga. App., April 23, 2009): In this case, an employee of a Tennessee trucking company was injured in Georgia but paid benefits under Tennessee workers’ compensation law. The insurer believed it had a subrogation lien, which it sought to enforce by intervening in a lawsuit filed in Georgia against the responsible driver. The insurer voluntarily dismissed the motion to intervene, but the trial court granted the injured worker’s motion to join the insurer as an indispensable party to settle a conflict between Tennessee and Georgia subrogation law. The Court of Appeals held Georgia law to apply because the injury occurred in Georgia. Furthermore, because Georgia law only grants a subrogation lien on benefits paid under the Georgia Workers’ Compensation Act, the insurer here therefore had no subrogation lien.
If you have any questions about the Legislative Updates, please contact Michael Memberg at 404-320-9979 or mmemberg@thefinleyfirm.com.