August 17, 2007

Georgia Workers’ Compensation Law Update – An Injured Truck Driver Cannot Maintain A Workers’ Compensation Case In Georgia Against A Statutory Employer In Some Instances

As I mentioned in a recent article, the concept of statutory employment has a long and somewhat misunderstood history even among lawyers. On July 7, 2007, the Court of Appeals decided Axxson Timber Company v. Wilson. This case involved whether a worker who suffered an on the job injury can maintain a workers’ compensation claim against a statutory employer under O.C.G.A. §34-9-8(d). In order for an injured worker to maintain a case under Georgia Workers’ Compensation Law in this instance, the law requires that the injury occur at a place that the statutory employer had undertaken to execute work and which was otherwise under the control and management of the statutory employer.

The problem with this case is the claimant was injured at a Mill in Florida. Accordingly, the court found that because the injury did not occur on Axxson Timber Company property or property that Axxson Timber Company controlled and the injured employee could not pursue a workers’ compensation case. In quoting the Court of Appeals, “…imposing a workers’ compensation liability on a shipper for an injury that occurred at a location over which it had no control would render the shipper and insurer, which was not the intent of the Georgia Workers’ Compensation Act”.

This case seems to limit the rights of injured workers to bring cases against statutory employers. Although the results in this case were defendant on its particular facts, a precedent has been set that limits the rights of injured workers. This is especially concerning in the context of cases involving truck drivers. If a truck driver is working for a shipper that does not have workers’ compensation insurance and suffers an injury at the point of destination, they may be unable to maintain a workers’ compensation claim against a statutory employer if such statutory did not own or manage the location where the injury took place. This case is even more troubling as White Trucking Company, the direct employer, did not have workers’ compensation insurance. Please remember if you are a truck driver or have a friend or family member that is a truck driver and has been injured in a workers’ compensation accident, please consult and attorney regarding your potential case. In many cases, even though the direct employer may not have workers’ compensation insurance coverage because they are a small company, there are other statutory employers against which you can file a workers’ compensation claim.

August 14, 2007

Georgia Workers’ Compensation and Personal Injury Case Update - Injured Employee's Lawsuit for Work Accident Against A Statutory Employer Is Dismissed Under O.C.G.A. §34-9-11 & O.C.G.A. §34-9-8

On July 9, 2007, the Georgia Court of Appeals handed down its decision in Patterson v. Bristol Timber Company. In this case, the plaintiff filed a person injury suite against Bristol Timber Company. The injured employee, working for a Georgia trucking company, was contracted to deliver wood chips to Bristol Timber Company by his employer. A work accident occurred when the injured worker fell off a ladder onto a front loader. Although this case involved other legal issues aside from the workers’ compensation case, the primary basis for dismissal was Exclusive Remedy Provision of Georgia Workers’ Compensation Law.

In this case, it is important to keep in mind the hierarchy of the companies involved. The Court reasoned that the personal injury lawsuit could not be maintained against Bristol due to it being a statutory employer under the Georgia Workers’ Compensation Act. This is because Bristol hired Brownlow to haul the wood chips from their loading docks to inland. Patterson was injured on Bristol’s premises in the course of his work for Bownlow while performing obligations the contract. Therefore, the Court found these facts fall squarely into O.C.G.A §34-9-8(a) & (d).

This case involves the issue of statutory employment. Most states have, through their respective workers’ compensation statutes, established rules protecting workers of sub-contractors who do not have workers’ compensation insurance. Under the laws as discussed in this case, an employee may bring a workers’ compensation claim against statutory employees. Of course, there is a flip side to this coin being that the statutory employers, in exchange for being responsible under Georgia’s Workers’ Compensation law, enjoy tort immunity pursuant to Georgia’s Exclusive Remedy doctrine. Many injured workers in Georgia do not know that, in most instances, they can only file worker’s compensation claim their employer if they are hurt on the job. Thus, personal injury claims and civil suits for negligence against an injured worker's employer are generally frowned upon. These claims may come in all sorts of shapes and fashions including slip and fall cases, claims against co-workers in the operation of machinery, failure to maintain machinery and vehicles, car accidents, truck accidents, and other various dangers that exists in the work place. These legal issues can be complex. In addition, many of the cases that have emerged in this area are gray at best. If you or a loved one has a situation and would like an opinion as to whether or not you can bring a personal injury lawsuit against an employer, in addition to a workers’ compensation claim, please do not hesitate to contact my office or another law firm that handles workers’ compensation and personal injury cases.

August 13, 2007

Spotlight: Carroll County, Georgia Courthouse in Carrollton, GA

I have handled car accident, workers' compensation, and personal injury cases Carroll County, Georgia. Carroll County is a large growing area whose population has grown to nearly 107,000 according to the 2006 census. The Carroll County Courthouse is located in Carrollton, Georgia which is about 50 miles west of Atlanta. Interestingly, workers' compensation cases are also heard at the Carroll County Courthouse. Work accident cases where Douglas County, GA (including Douglasville, part of Hiram, Lithia Springs, and part of Villa Rica) is the county of injury are heard at the Georgia State Board of Workers' Compensation on Peachtree Street in Atlanta. Work injury cases that happen in Paulding County, GA (including Dallas and Hiram) are heard in Rome, Georgia. I have also handled many car accident and truck accident cases in Carroll County, GA as trucking and agriculture are significant local industries. Carroll County also contains the cities of Carrollton, Temple, Bowdon, Mt. Zion, Roopeville, and part of Villa Rica.

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Carroll County was named for man named Charles Carroll who was the last signer of the Declaration of Independence. The Carroll County Courthouse was designed using traditional Italian Renaissance architecture. The Carroll County Courthouse was built in 1928 and enlarged many years later in 1976. The main courtroom is a huge and ornate room that is a real spectacle. It has ceiling that are probably 40 feet high. I would estimate it could seat close to 1,000 or more people. There is substantial industry and manufacturing in Carroll County, including Southwire, one of the county's largest employers.

August 9, 2007

Georgia Workers’ Compensation Case Update - The Any Evidence Rule Is Alive And Well; In Medical Care Disputes, Judge May Yield To Injured Worker's Authorized Treating Physician For Medical Care Opinions

On July 30, 2007, the Georgia Court of Appeals decided the case of Bibb County Board of Education v. Bembry. This case involved a workers’ compensation appeal of a school teacher in Bibb County Georgia. The Court of Appeals judges discussed the claimant’s medical treatment with several doctors. In this case, the employer and insurance company alleged that the claimant had a significant pre-existing issues. Specifically, the claimant had a herniated disc in her back prior to her fall at work. One of the doctors concluded that the client had returned to her “pre-injury base line” with “medical certainty."

The issue of pre-existing medical conditions, especially those involving the back, are prevalent in workers’ compensation cases. While Georgia Workers’ Compensation law allows claimants to recover even with a pre-existing injury, the employer is only obligated to return the injured worker to their pre-injury base line. This case emphases several important points. First, the Any Evidence Standard is alive and well in Georgia. What this means is that the State Board of Workers’ Compensation issues a decision based upon the facts of the case, their particular findings should be conclusive and binding if there is any evidence to substantiate there findings. Of course, this generally applies to the facts and not legal issues that can arise in the case. Second, the Court of Appeals rather clearly spelled out its position regarding pre-existing issues by using terms such as “pre-injury base line” “medical certainty”. Third and perhaps more importantly, the Court of Appeals noted that Georgia State Board of Workers’ Compensation is entitled to credit the injured worker's Authorized Treating Physician opinion over the opinion of a claimant’s personal physician in resolving conflicting expert medical evidence. This is important because, presumably, the same analysis might apply to allowing an Administrative Law judge to believe the opinion of an authorized treating physician over the opinions of physicians to whom the claimants is sent by the employer/insurer.

August 7, 2007

Preventing Auto Accidents & Truck Accidents in Atlanta, Georgia: The Governor's Office of Highway Safety

The State of Georgia keeps somewhat detailed statistics about car accidents throughout the metro Atlanta area and the rest of our state. For example, there were over 132,000 injuries from auto accidents in Georgia for the year 2003. Unfortunately, these statistics are currently behind and only cover through 2003. In Fulton County, which covers most of the City of Atlanta, there were 21,629 motor vehicle crash injuries. In Douglas County, where my auto collision and workers' compensation law firm is located, there were 1,964 accidents with injuries. In Paulding County the number was 950. In Carroll County, which encompasses Carrollton, GA, the number was 1,714 car crashes.

These numbers and the Georgia Office of Highway Safety are conveniently located on the internet.

August 6, 2007

Spotlight: Paulding County, Georgia Courthouse - Including Hiram, GA and Dallas, GA

Much of my personal injury and workers' compensation practice involves Paulding County, Georgia, in one way or another. Paudling County, GA, which includes the cities of Dallas, Georgia and Hiram, Georgia, is one of the fastest growing areas in the United States. There are a growing number of employers in Paulding County. In recent years, I have noticed a growing trend of work accidents and on-the-job injuries from residents living and working in Paulding County. Of course, many Paulding County residents travel to work in areas such as Atlanta and Cobb County and come to me for help. Another trend I have noticed in Paulding County, particularly in Hiram, Georgia, is an increase in car accidents. I have also handled a number of truck accidents that happen in the rural western portion of Paulding County.

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Paulding County's population, according to recent census numbers is just over 120,000.00. There have been plans to replace the old courthouse pictured here with a new courthouse. The present courthouse, located on The Square in Dallas, Georgia, was built in 1892. It is listed on the National Register of Historical Places. It was designed by Bruce & Morgan utilizing a Queen Anne architectural style. In 2001, the Paulding County Courthouse was targeted by an arsonist and partially burned.

August 3, 2007

Attention Atlanta & Georgia Car Owners: Ford Issues Safety Recall of 3.6 million Vehicles. No Reported Auto Accidents, Deaths, or Injuries To Date

Today, Ford Motor Co. announced it was recalling millions of Ford cars, trucks, and vans in Georgia and across the United States due to concerns involving the vehicles' cruise control system. Ford announced there has not been a single death, injury, or car accident reported to date.

The problems reported to Ford involve the cruise control deactivation switch malfunctioning. The safety recall covers more than 12 models manufactured between 1992 and 2007. For more information, owners can call Ford at (888) 222-2751. Ford announced that notices will be going out to owners beginning on August 13, 2007.


August 1, 2007

What Is A Personal Injury Trial Lawyer? From Atlanta, Georgia to New York, NY, The Answer Is The Same

I consider myself a personal injury and workers' compensation trial lawyer. I practice law in Douglasville, Georgia which is small but growing area. The population of Douglas County reached nearly 120,000 people in 2006. We are on the outskirts of Atlanta located twenty minutes due west of Downtown, Atlanta. The Metro Atlanta Area is said to have population base in excess of 5,000,000. I handle cases in which my clients have been injured. For the most part, my practice consists of car accident collision cases, big rig accidents, and workers' compensation cases. The injuries my clients suffer run the spectrum. Some of my clients sustain what is commonly referred to as whiplash while others suffer severe brain injuries, amputations, spinal cord injuries, and even death.

I have found that trial lawyers share common traits, whether they be in Douglas County, Atlanta, Los Angeles, or New York. Trial lawyers make sure that the powerless in America can stand up to insurance companies and corporations in court. We ensure that hard working working class families and injured workers are able to obtain redress for their injuries. Most often, this is accomplished through the contingency fee which is a marvel of the American justice system. Many of my clients could not afford an attorney on a retainer or hourly basis to aggressively pursue their injury case. It is interesting to note that contingency fees are not allowed in most countries, including most European nations.

Until only recently has the term trial lawyer become politicized. Even though the legal system has been compensating injury victims for hundreds, if not thousands of years, it is not until recently that there has been much talk of trial lawyers and tort reform. Somewhere in the fray, many forget that one of the oldest and most basic ways to redress physical injury is by making the wrongdoer pay money. Indeed, it is the only form of "fix" the law can offer for all intents and purposes. I remind juries all the time how making one party pay another money is all the law can do. The payment of money is an inherent but necessary shortcoming, for the law cannot restore good health or take away pain and agony. Perhaps the critics should keep this simple truth in mind. How much would I have to pay you to break your arm, give you a severe head injury, or snap your spinal cord rendering you a quadriplegic? I think you get the point.