Happy Thursday, Team,
This week’s tip is a reminder to BEWARE of Georgia’ special rules for work-related hernia injuries (very specific)!
- For work-related hernia injuries to be found compensable in Georgia, the Claimant “must definitely prove to the satisfaction of the board” EACH of the following:
- There was an injury resulting in a hernia
- The hernia appeared suddenly
- The hernia was accompanied by pain
- The hernia immediately followed an accident ***AND***
- The hernia did not exist prior to the accident for which compensation is claimed.
- Why the special rules for hernias?
- The five requirements of this section were designed as the means to establish clearly and definitively by proof that there was a direct continuity of causal connection between an accident injury and a hernia. Blackshear v. Liberty Mut. Ins. Co., 69 Ga. App. 790 (1943)
Have a great rest of your week! As always, feel free to reach out if you run into any Georgia questions/issues.
Sincerely,
John Fennelly | Junior Partner