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This profile was last updated on 7/31/08  and contains information from public web pages.

Reid V. Georgia

Wrong Reid V. Georgia?

Member

Phone: (312) ***-****  HQ Phone
American Bar Association
321 N. Clark St.
Chicago, Illinois 60654
United States

Company Description: With more than 413,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of...   more
Background

Employment History

Board Memberships and Affiliations

9 Total References
Web References
Drew Eckl & Farnham, LLP
www.deflaw.com, 31 July 2008 [cached]
Specifically, in Reid, the Court of Appeals discussed the second prong of a request for catastrophic designation: whether the Claimant's injury prevents them from performing work available in substantial numbers within the national economy for which they are otherwise qualified.
In Reid, the 66 year-old Claimant sustained a compensable hand injury in 2000 while working as a housekeeper, and ultimately sought to have her injury designated as catastrophic under O.C.G.A. § 34-9-200.1(g)(6).
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The lesson from Reid is that the Employer/Insurer needs to be aware of the evidence required by a Claimant to prove their injury is catastrophic.From an Employer/Insurer standpoint, it provides guidance on the type of evidence the Employer/Insurer must be prepared to attack at a hearing.Specifically, the Claimant's own testimony will likely not suffice to carry her burden before the ALJ.At a bare minimum, a Claimant must show that they unsuccessfully attempted to obtain work with their restrictions.This would support an inference that such jobs are unavailable.If the testimony on this issue is particularly vague, as the case was in Reid, then it would not qualify as competent evidence, and, therefore not support a catastrophic designation.
In defending against catastrophic requests, the Employer/Insurer must delve deep into the specifics of a Claimant's work search.When a Claimant is able to testify to the reasons why they are unable to find work, then a vocational rehabilitation expert and labor market survey can be crucial and necessary tools to use in demonstrating the Claimant is in fact capable of performing work which she is otherwise qualified that exists in substantial numbers in the national economy.
Drew Eckl & Farnham, LLP - Practices
www.deflaw.com, 31 July 2008 [cached]
Mr. Adkisson's practice focuses on the area of workers' compensation, representing insurers, employers, and self-insurers throughout Georgia.He is a member of the State Bar of Georgia and the American Bar Association.
Drew Eckl & Farnham, LLP - Practices
www.deflaw.com, 31 July 2008 [cached]
Georgia state courts, Northern and Middle Districts of Georgia for the United States District Court, Admitted to practice in Georgia and Texas
Drew Eckl & Farnham, LLP - Practices
www.deflaw.com, 31 July 2008 [cached]
The article entitled, A Claimant's "Right" to Continue in Perpetuity, examines Georgia, Illinois and other state legislation and case law with respect to dismissal of workers' compensation claims and hearings.
The Georgia state legislature enacted O.C.G.A. §34-9-100 (d) (1) to address workers' compensation claimants' perpetual hearing continuances or failure to prosecute stale claims.Defense attorneys may now assert O.C.G.A §34-9-100 (d)(1) as an affirmative defense to bar a claimant's right to prosecute claims filed for which no hearing has been held within five years of the accident date provided no medical or indemnity benefits have ever been paid.The statute, however, is not retroactive to claims filed prior to July 1, 2007.The issue of continuances and failure to prosecute workers' compensation claims by claimants has impacted workers' compensation systems throughout the United States, but very few state legislatures have taken steps to address this problem.
This article features and in-depth analysis of Georgia's law on hearings, continuances and dismissals along with a comparison of the laws and cases in other states which will be useful to workers' compensation insurance risk professionals that handle multiple states.
Drew Eckl & Farnham, LLP - Practices
www.deflaw.com, 31 July 2008 [cached]
Georgia
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Mr. Beelen practiced transactional residential real estate law in Georgia from 1999 - 2003, transitioning to real estate litigation in 2004.
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