Client Alerts

Legislative Changes in Effect July 1
June 28, 2013

The 2013 legislative session of the Georgia General Assembly passed House Bill 154, which revises portions of the Georgia Workers’ Compensation Act. The relevant changes in the law take effect July 1, 2013. Revised portions include: Medical Exposure, Change in Benefit Rates, Amendments to WC-240 Process, Change in Mileage Reimbursement Deadlines and Change in Interest Rates.

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The Honorable Elizabeth Gobeil Appointed as Director of State Board of Workers’ Compensation
November 12, 2012
Swift, Currie, McGhee & Hiers, LLP, would like to introduce the Honorable Elizabeth D. Gobeil as the newest director at the Georgia State Board of Workers’ Compensation. Judge Gobeil was appointed by Governor Deal on November 1, 2012, to replace the Honorable Warren Massey, whose term expired in January 2012. She will serve along with Chairman Richard Thompson and Judge Stephen Farrow. Judge Massey will continue to serve as an Administrative Law Judge with the State Board of Workers’ Compensation. Read More
McRae v. Arby's Decision Reversed
November 5, 2012
On November 5, 2012, the Supreme Court of Georgia unanimously reversed the Court of Appeals in Arby’s Restaurant Group, Inc., et al v. McCrae, S12G0714. On December 1, 2011 the Georgia Court of Appeals issued an opinion that placed significant restrictions on ex parte communications between employer’s counsel and the employee’s treating physician. On April 24, 2012, the Supreme Court granted the Petition for Certiorari in a 4 to 3 vote to consider whether the Court of Appeals properly interpreted O.C.G.A. § 34-9-207, and oral arguments took place on July 10, 2012.
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Georgia Supreme Court Updates Legal Analysis of Change in Condition vs New Accident
July 12, 2012

The Georgia appellate courts have been examining the definitions of new injury, fictional new injury, and change in condition for many years. The Georgia Supreme Court again analyzed the definitions and has offered some guidance on how to distinguish between a change in condition and a fictional new injury.

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Georgia Supreme Court Confirms Ability of Jury to Apportion Fault to Non-Party Criminal Assailant
July 9, 2012
Answering two certified questions from the United States District Court for the Northern District of Georgia, the Georgia Supreme Court held that (1) in a premises liability action wherein a property owner is alleged to have negligently failed to prevent a foreseeable criminal attack, the jury can consider the “fault” of a non-party criminal assailant and apportion a percentage of fault to that criminal assailant and (2) a jury instruction or special verdict form requiring a jury to apportion any award of damages among the property owner and the criminal assailant does not violate the plaintiff’s constitutional rights.
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