04.22.2024Senate Bill 83 significantly changes and brings clarity to time-limited demands for injury claims arising out of motor vehicle collisions, which had become increasingly uncertain and chaotic with “gotcha” demands designed to be virtually impossible to accept.
- 06.29.2023
The Georgia Supreme Court recently issued its opinion in three negligent security premises liability cases that were collectively argued and considered by the court.
- 05.24.2023
The Georgia Court of Appeals recently issued an opinion regarding a claimant’s challenge to the validity of an employer’s posted panel on the basis that the panel was not posted in a “prominent” location in accordance with O.C.G.A. § 34-9-201(c).
- 04.20.2023
The Alabama Department of Labor transitioned to Electronic Data Interchange (EDI) for all state workers’ compensation forms as of January 1, 2023. This transition aims to streamline the existing system, increasing overall efficiency, reducing errors and eliminating the need for mailing physical forms, which can incur costs.
- 04.11.2023
The Georgia Legislature recently passed House Bill 480, which includes several substantive changes to both the law and procedure regarding workers’ compensation benefits in Georgia. The bill now heads to the desk of Governor Kemp, where if signed, as it is presumed it will be, will take effect on July 1, 2023.
- 02.17.2023
The Alabama Supreme Court recently issued an opinion establishing that cell phone use in an automobile can constitute “substantial evidence” of wantonness in Alabama. While cell phone use has long been a factor in case evaluation, this opinion shows that phone use (distinguished from other types of distracted driving) can support a punitive award.
- 05.16.2022
Governor Brian Kemp has signed into law several changes which will have a direct impact on workers’ compensation claims in Georgia. House Bill 1409 provides for an increase in the maximum Temporary Total Disability (TTD), Temporary Partial Disability (TPD) and Permanent Partial Disability (PPD) rates.
- 09.03.2021
The Court of Appeals of Georgia recently addressed the definition of when the last payment of income benefits is “actually made” as it relates to the two-year statute of limitations defense in O.C.G.A. § 34-9-104(b), commonly known as the change of condition statute.
- 08.13.2021
On Aug. 13, 2021, the Occupational Safety and Health Administration (OSHA) issued updated guidance on mitigating and preventing the spread of COVID-19 in the workplace. The guidance echoes and parallels the Centers for Disease Control and Prevention's (CDC's) report on July 28, 2021, recommending that fully vaccinated people wear a mask in public indoor spaces of substantial or high transmission and that schools adopt universal indoor masking policies regardless of individual vaccination status.
- 08.10.2021
On Aug. 10, 2021, in Alston & Bird v. Hatcher Management Holdings, LLC, the Supreme Court of Georgia ruled that the portion of Georgia’s apportionment statute, O.C.G.A. § 51-12-33, providing defendants the ability to reduce their damages through apportionment to nonparties does not apply in cases where there is only one defendant.
- 04.01.2021
The American Rescue Plan Act of 2021 (ARPA) was signed into law by President Biden on March 11, 2021, with several provisions to take effect on April 1, 2021. Featured in the alert are highlights and recommendations for employers.
- 10.07.2020
On Oct. 6, 2020, the Northern District of Georgia’s Judge Thrash held that an insurer was not obligated to cover losses two Georgia eateries sustained when they shuttered their dining rooms during the COVID-19 pandemic. The opinion is the first of its kind from any court in Georgia.
- 08.06.2020
The City of Atlanta Police Department (APD) is making a major temporary change to its accident response protocol in an effort “to protect the health and safety” of its staff and customers and to “mitigate the impact of COVID-19.” APD will no longer dispatch its officers to the scene of non-injury automobile accidents. Instead, APD has directed that individuals involved in a non-injury automobile accident should fill out a SR-13 form.
- 07.14.2020
Georgia and Alabama courts at the federal and state level have modified their operations in response to COVID-19. The latest updates regarding deadlines, openings and stays are reflected in this guide.
- 06.30.2020
As many employers begin re-opening, many child care facilities still have not. On June 26, 2020, the Department of Labor (DOL) issued guidance focusing on summer camp and summer enrichment program closures as a basis for paid leave under the Families First Coronavirus Response Act (FFCRA).
- 05.26.2020
According to OSHA's revised guidance, effective May 26, 2020, COVID-19 is a recordable illness and employers are required to record cases if certain criteria are met.
- 04.23.2020
On April 23, 2020, the Equal Employment Opportunity Commission (EEOC) provided revised guidance regarding employers’ obligations with respect to anti-discrimination laws, amid the challenges posed at the workplace and to the workforce by the COVID-19 pandemic. While this guidance may not provide answers for every situation, it highlights issues employers will have to consider before making decisions that affect their employees.
- 03.31.2020
Congress passed, and President Trump signed into law, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on March 27, 2020. Commonly referred to as the “coronavirus stimulus package,” the CARES Act contains numerous provisions aiding individuals, small businesses, big corporations, public systems and local governments. Several provisions for small businesses help offset the financial burden of the recently enacted Families First Coronavirus Response Act (FFCRA).
- 03.31.2020
The battle between insurers and policyholders regarding coverage for business interruption losses due to COVID-19 is heating up.
- 03.23.2020
Insurers are already being called upon to respond to claims for business interruption due to business closures as a result of the ongoing COVID-19 pandemic. Most business interruption policies require “direct physical loss” to trigger coverage.
- 03.20.2020
The Court of Appeals of Georgia recently upheld a trial court’s decision to allow claims against a landlord under Georgia’s anti-gang statute to proceed, despite the fact that the landlord had no involvement in the underlying gang activity.
- 03.18.2020
On March 18, 2020, President Trump signed legislation affecting employees’ rights under the Family and Medical Leave Act (FMLA) and paid sick leave. The two provisions, the Emergency Family & Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA), are a part of the Families First Coronavirus Response Act and will be effective on April 1, 2020, applying to leave taken between April 1 and Dec. 31, 2020.
- 03.16.2020
In the midst of these uncertain times, we assure you Swift Currie is taking the necessary steps and is fully prepared with a business continuity plan to ensure the legal and professional needs of both our business and clients are met.
- 03.12.2020
The Centers For Disease Control (CDC) has provided recommendations for responding to COVID-19, a disease caused by the new coronavirus, which the World Health Organization has now classified as a pandemic. In addition to the CDC guidelines, employers should also consider guidance from the Equal Employment Opportunity Commission (EEOC) and the Occupational Safety and Health Administration (OSHA) with respect to the Americans with Disabilities Act (ADA), workplace safety and guidelines concerning any pandemic.
- 03.11.2020
In Shin, et al. v. Infinity Insurance Co., the Northern District of Georgia granted summary judgment in favor of Infinity Auto Insurance Company (Infinity) on claims in excess of $3.5 million for bad-faith failure to settle and breach of contract. The court focused on the bad faith claim and an insurer’s duty to settle claims against its insured.
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