What Went Wrong? Video footage is essential when seeking to terminate workers’ compensation benefits based on a claimant’s misrepresentation of his injuries or ability to work. A case involving an employee who had been collecting […]

What Do You Think? Employers that try to terminate an individual’s workers’ compensation benefits based on their voluntary withdrawal from the workforce need to think carefully before taking that step. Filing a petition to end […]

Do You Know the Rule? The Georgia Supreme Court articulated a three-part test for determining when fraud in the inducement will bar an employee’s claim for benefits. In Georgia Electric Company v. Rycroft, 378 SE2d 111 (Ga. 1989), […]

What Do You Think? A compensable injury must arise out of employment. A case involving a commercial truck driver for a Virginia company addresses the question of whether a road rage incident can be sufficiently […]

What Do You Think? An employer can sometimes avoid a negligence lawsuit by demonstrating that the workers’ compensation act applies to the injury, making those benefits the employee’s sole available remedy.  One case, in addition […]

What Do You Think? Is it possible for a worker to obtain benefits for an injury that no one witnessed? Yes. But in Louisiana, the worker will have to clear a couple of hurdles to […]

What Do You Think? Employers can generally avoid paying worker’s compensation benefits by showing that the worker is an independent contractor. Only it’s not always clear. One case highlights some of the signs courts look […]

What Do You Think? Georgia’s Rycroft defense can help an employer avoid paying workers’ compensation benefits in certain circumstances where the employee made a fraudulent misrepresentation about her pre-existing physical injuries. But what happens if the company […]