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The Emerging Bad Faith Cause Of Action Takes On The Exclusive Remedy Doctrine, Robert R. Potter, Joan T.A. Gabel
The Emerging Bad Faith Cause Of Action Takes On The Exclusive Remedy Doctrine, Robert R. Potter, Joan T.A. Gabel
Mercer Law Review
The Georgia Workers' Compensation Act ("the Act") and the related regulations establish a system of comprehensive medical coverage and income benefits for employees who suffer work-related injuries. Workers' compensation is a statutory scheme that grants the injured employee a sure remedy of scheduled income benefits and medical coverage without regard to fault; in exchange, the employer and insurer escape the high costs of litigation and the threat of compensatory and punitive damages. Under this quid pro quo, employees injured at work have as their exclusive remedy the workers' compensation system, thereby giving rise to the "exclusive remedy doctrine." The integrity …
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
Perhaps the most interesting developments this survey period came from the many opportunities the Georgia Supreme Court had to tackle difficult issues in the workers' compensation arena, especially when the court rarely hears workers' compensation appeals. From what some would call drastic developments in the claimant's burden of proof in change in condition cases, to an examination of Georgia's long-standing requirement of a "physical injury" in psychological claims, the court was faced with some interesting legal arguments. Although these opinions may not require legislative intervention or clarification, the Chairman of the State Board's advisory committee will no doubt continue to …