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Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John C. Blackmon Jr.

Mercer Law Review

The year 1992 brought the most comprehensive workers' compensation reform legislation in two decades. Dramatic changes impact the amount and duration of temporary total disability benefits, the definition of change of condition, vocational rehabilitation services in noncatastrophic cases, and the return of subrogation by employers against third party tortfeasors, as well as many other changes in the workers' compensation system, as detailed below.

Worker's Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr.

Mercer Law Review

Having experienced substantial legislative changes in 1990, the workers' compensation pendulum swung back to the appellate courts during the most recent survey period, resulting in equally far-reaching developments. The flurry of appellate decisions is notable for the efforts of Georgia's appellate courts to strike a balance between the humane purposes of the Workers' Compensation Act (the "Act") and the ever-increasing economic burdens placed upon society by both the workers' compensation system and health care in general.

The decisions concerning the parameters of suitable employment, the all-issues statute of limitations, and the exclusive remedy doctrine typify the ebb and flow of …

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr.

Mercer Law Review

Unlike recent years, which saw significant changes in the Georgia Workers' Compensation Act through appellate decisions, the past survey period was. most noteworthy for the actions of the Georgia Legislature. Following months of debate in a study committee, formed by State Senator Harold Dawkins and composed of representatives from industry, labor, insurance, self-insurers, and attorneys, the 1990 Georgia General Assembly passed amendments sponsored by Senator Dawkins and Senator Arthur "Skin" Edge that corrected some longstanding problems in Georgia's workers' compensation laws. This year's Article reviews this new legislation, as well as the appellate decisions affecting workers' compensation.

Workers' Compensation, Robert R. Potter

Mercer Law Review

This survey article covers a two-year period ending May 31, 1980. During that time, the appellate courts reviewed over 150 cases involving workers' compensation, a selected number of which are discussed and analyzed in this article. Legislative changes have been few since the sweeping revisions which became effective July 1, 1978. The most significant revision was a procedural one limiting appeals in workers' compensation cases beyond the superior court level.' Appeals to the court of appeals are no longer as a matter of right, but are discretionary in the nature of a petition for certiorari. This law, which became effective …

Conflict Of Laws In Damage Suits Related To Workmen's Compensation Cases, Arthur Larson

Mercer Law Review

Conflicts questions can arise as to two categories of damage suits related to workmen's compensation cases. The first category is that of suits against the injured worker's own employer. The second is that of suits against third parties whose negligence contributed to the causation of the compensable injury

Workmen's Compensation, George N. Skene

Mercer Law Review

During the survey period, the appellate courts of Georgia decided about 35 cases and the U.S. Supreme Court denied certiorari in one; the General Assembly passed three workmen's compensation bills in 1975 and none in 1976; and the State Board of Workmen's Compensation opened eight offices throughout the state and staffed each with an administrative law judge (a new name for directors and deputy directors).

Workmen's Compensation, Lamar W. Sizemore, Robert E. Hicks

Mercer Law Review

The decisions in the field of workmen's compensation during the survey period represent no significant change in, or departure from, existing law. The volume of cases decided in the appellate courts of Georgia during the year covered is less by one-third than the number in the previous corresponding period. The author of last year's survey' on -this subject reviewed the workmen's compensation statutes and the principal decisions which serve as landmarks and guideposts through this somewhat special and ever-expanding field of law; it is, therefore, deemed appropriate only to supplement last year's exhaustive survey with those decisions which represent developments …

Workmen's Compensation: Who Is The Employer?, George E. Saliba

Mercer Law Review

In construing workmen's compensation statutes, problems which are perhaps as perplexing as the problems connected with the "arising out of and in the course of employment" test are the cases which have for determination the question of who is the employer within the meaning of the acts. This is particularly true where the controversies involve lessees and other contractors. In applying the statute to the recent case of Continental Oil Co. v. Sirhall, the Colorado court held that a filling station attendant, who was hired, paid and under the exclusive direction and control of the lessee-operator of …

Workmen's Compensation, F. Hodge O'Neal

Mercer Law Review

The amount of litigation in Georgia on workmen's compensation is much greater than is commonly supposed. During the survey period thirtyfive cases were decided in the appellate courts of Georgia. As industry moves into this state, the number of compensation cases can be expected to increase. Several of the cases decided during the year were hard-fought and raised questions of first impression in this state. Lawyers will do well to acquaint themselves with developments in this rapidly-expanding field of law.