Workers Comp

Employment Aggravation of A Preexisting Condition

By Dylan Bess Ocmulgee EMC v. McDuffie, 
806 S.E.2d 546, October 16, 2017. In this case, the Supreme Court of Georgia considered whether an employer must show the availability of suitable employment to justify suspension of workers’ compensation benefits after already establishing that an employee’s work-related aggravation to a preexisting condition has ceased to be the cause of the employee’s ...

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Judicial Review

By Ronald Hilley and Mia Frieder Kool Smiles/NCDR, LLC v. Gonzalez, 2017 Ga. App. LEXIS 369 (2017) Since the Superior Court of Gwinnett County did not enter its order reversing the Final Decision of the State Board of Workers’ Compensation within 20 days of the hearing on the appeal pursuant to O.C.G.A. § 34-9-105(b), the Superior Court’s order was a ...

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Standard of Review – “ANY EVIDENCE” RULE

>  Comp Updates BY DYLAN BESS TRAVELING EMPLOYEES/DOCTRINE OF “CONTINUOUS EMPLOYMENT” The Avrett Plumbing Company v. Castillo, 340 Ga. App. 671, March 10, 2017.       This case involved Georgia’s doctrine of continuous employment, but ultimately turned on factual findings made by the State Board of Worker’s Compensation. The Court of Appeals held that the Superior Court did not ...

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Workers’ Comp Updates: Winter 2017

By Dylan Bess EMPLOYER SUBJECT TO THE ACT WILLS V. CLAY COUNTY, 339 GA. APP. 79, OCTOBER 26, 2016 In this case, the Court affirmed the trial court’s determination that the employer was subject to the Act because he had at least three employees regularly in service. Wills entered into an agreement with Clay County to complete a construction project. Clay ...

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