By: Kenny Bishop, Associate, Atlanta In the well known case, Maloney v. Gordon Farms, the Supreme Court established the burden of proof a claimant bears in order to claim entitlement to disability benefits after termination, which is commonly known as the Maloney Burden. In order to successfully prove this burden, the claimant must prove that […]
By: Rachel Perez Delgado, Associate, Jacksonville With the end of another glorious football season in sight, now is a great time to remember why the best offense is a good defense. There are many defenses in workers’ compensation that are deemed waived if not timely raised. One recent JCC case, Burgess v. Environment Control of […]
By Kenny Bishop, Associate, Atlanta Prior to the establishment of the PMTb, the Petition for Medical Treatment (hereinafter PMT), took effect on July 1, 2017 as a tool Claimants could use to expedite medical treatment or testing requested by an authorized medical provider. If a PMT is filed, a telephonic conference will be scheduled no […]
By: Tara Said, Partner, Pensacola You worked up your case, felt you had great defenses and just knew that the Judge would buy into your argument. You lined up your witnesses and timely filed everything you were going to rely on. There is no way you could lose this hearing. You put on your case, […]
By: Sabrina Persaud, Associate, Tampa ‘Tis the season! The holidays are here, winter is coming (for all you Frozen fans, that would be Elsa), and we all know what that means – holiday parties! Food, coquito, merriment, dancing, eggnog, work accidents, and so on. No, your eyes have not deceived you and you read that […]
By: Alec Powers, Associate, Orlando It’s that time of the year again. There is a palpable sense of bliss is in the air as the major holidays are upon us. It is the Wednesday before Thanksgiving, and all you want to do is leave work early to get to your family, friends, and pets. Well, […]
By: Trisha Holland Lindsay, Associate, Georgia On September 1, 2019, the Georgia State Board’s revised 2019 Board Rules went into effect. The new Rules include a new process allowing Employers and Insurers to request a Teleconference to compel the Claimant to attend medical examinations using the same process recently created to allow Claimants to […]
By: Zachary Kunz, Associate, Georgia In Georgia, we know that employees who are hurt during a “regularly scheduled break” are generally not compensable. Wilkie v. Travelers Ins. Co., 124 Ga. App. 714 (1971). The so called “Lunch Break Defense” applies even if the injury occurs “within working hours and on the employer’s premises.” An […]
By: Betsy Campo, Partner, Gainesville The date was October, 1991. After the first few stressful weeks of my third year of law school, I was looking forward to the annual “Come Dressed as Your Favorite Tort Case or Television Character” Halloween party hosted by some 3Ls. My friend Troy and I sported khaki pants, […]
By: James Colquitt, Associate, Orlando A common source of confusion is entitlement to TPD benefits after a claimant is terminated. It is no surprise that this is a frequently litigated issue. With regards to the burden to establish a causal connection between a claimant’s compensable injury and subsequent wage loss, the test used to […]