Credibility

In December 2017, I took one of my workers’ compensation client’s cases that I prepared as well as possible to present to one of the judges at the State Board of Workers’ Compensation at what we call a hearing. I presented my client’s position in the best possible light.

Accident Scenes and Police Reports

Why do police take general reports? The most brutal answer is because no one will remember the details in two days, much less two years and they will argue it constantly: but it is also because society needs a third party who should be an impartial fact evaluator. “Should” is emphasized. We are assuming the officer/deputy has sufficient training to determine what evidence plays into the case.

2018 GTLA Lawyer of the Day Program

Each year, the Georgia Trial Lawyers Association Lobbying Team gives its members the opportunity to join them for a day under the Gold Dome as part of the GTLA Lawyer of the Day Program. This year, they will offer the following program dates to members for the 2018 Legislative Session: Wednesday, February 7 – Women’s Caucus Wednesday, February 14 – Legislative Committee Wednesday, February 21 – LEAD Class Wednesday, February 28 – Civil Justice PAC Board Wednesday, March 7 – Local TLAs Wednesday, March 14 – New Lawyers Division Each of the above dates is linked to the Event Registration page on the GTLA website where you will...

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White Paper: Gradual Onset of Injury

Gradual onset of injury occurs numerous times in the Georgia labor market without the injured worker making a formal claim for a workers’ compensation job injury/accident. The case law in Georgia encourages the injured worker to return to work even though it may not be at a 100% capacity. What happens then is the injured worker continues to work in a diminished capacity or light duty work. At some point the worker can no longer continue to work due to a gradual onset of recurring symptoms, such as back or leg or arm pain. This would be considered under the Georgia Case...

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Sex Scandals and Moral Integrity

Are we tired yet of all the allegations of sexual misconduct by our leaders? The avalanche will be coming soon. The past few months have been dominated by an endless parade of revelations about sexual misconduct of powerful men. From Hollywood to New York, and from Minnesota to Alabama and just about everywhere else in the country the depths of fallen human nature can sink to have been laid bare to all of us to see. However, this should not be surprising to us. What we must not do is to allow ourselves to be partisan in our righteous indignation....

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Measuring Disability

One of the most difficult things to do is to measure someone’s degree of disability or impairment. There is a measurable test that has developed over the last 10 years in an effort to accomplish this objective. The test is called a Functional Capacity Evaluation (FCE). Unfortunately, there are some software programs that the FCE evaluators are utilizing whose goal is to demonstrate that the injured person is not giving their full effort, they are malingering, they are underreporting their abilities and exaggerating their impairments. This software program attempts to show that when one’s heart rate does not increase after exertion...

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