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Change In Condition And New Accident: The Difference Between The Two, Elements Of Each, And Burdens Of Proof, Michael F. Antonowich
Change In Condition And New Accident: The Difference Between The Two, Elements Of Each, And Burdens Of Proof, Michael F. Antonowich
Mercer Law Review
This Article is designed as a survey of the law on the theories of new accident and change in condition. It will compare and contrast these two theories, which compromise one of the most often litigated areas of workers' compensation law. The respective burdens of proof are placed on the employee/claimant and the employer/insurer when either alleges a change in condition, either for the better or for the worse. These burdens are addressed both as to accidents occurring before and after July 1, 1992. Also addressed are the circumstances and attendant outcomes when more than one employer or insurance company …
Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr.
Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr.
Mercer Law Review
After the difficult debate surrounding workers' compensation legislation in 1992, few would have thought it possible that the Georgia Legislature would revisit the Workers' Compensation Act (the "Act")' any time soon. Yet, the 1994 General Assembly made a number of substantial changes to the Act, constituting by far the most significant development in workers' compensation law over the survey period. Important case law decisions affected the areas of exclusive remedy, the employment relationship, and heart attack claims.