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Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr., Phillip Comer Griffeth
Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr., Phillip Comer Griffeth
Mercer Law Review
This survey period again saw the introduction of a package of amendments to the Workers' Compensation Act (the "Act") steered through the legislative process by the Chairman of the State Board of Workers' Compensation (the "State Board") and his advisory committee. Though not as dramatic as in past years, subtle changes could have significant impact. The bulk of the amendments arose out of the Board's increasing concern about fraud and abuse in the state's workers' compensation system. Meanwhile, the state's appellate courts continued to tackle the complex issues surrounding compensability of heart attack and psychological injury claims. For the most …
The Employer's/Insurance Carrier's Right To Subrogation Under The Georgia Workers' Compensation Act (O.C.G.A. Section 34-9- 11.1): How Long Will It Last?, Gregory T. Talley
The Employer's/Insurance Carrier's Right To Subrogation Under The Georgia Workers' Compensation Act (O.C.G.A. Section 34-9- 11.1): How Long Will It Last?, Gregory T. Talley
Mercer Law Review
Workers' Compensation laws require an employer to pay workers' compensation benefits to any covered employee injured within the scope of employment regardless of fault. This obligation is unaffected by the fact that the injury requiring the employer to pay benefits is often caused by the negligence of a third party unrelated to the employment relationship. For this reason, most Workers' Compensation Acts provide the innocent employer or insurance carrier a right of subrogation against the recovery from any responsible third party tortfeasor to the extent of benefits paid to the injured employee. This type of reimbursement scheme prevents double recovery …