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2008-07-31T00:00:00.000Z

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Wrong Reid Georgia?

Reid Georgia V.

Drew Eckl & Farnham LLP

HQ Phone: (404) 885-1400

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Drew Eckl & Farnham LLP

880 West Peachtree St. P.O. Box 7600

Atlanta, Georgia 30357

United States

Company Description

For over 25 years, Drew Eckl & Farnham has developed a reputation for providing uncompromising service to local, regional and national clients. As experts in risk management litigation, our professionals are renowned for their abilities in and out of th ... more

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Background Information

Affiliations

Member
American Bar Association

Member
State Bar of Georgia

Web References (10 Total References)


Drew Eckl & Farnham, LLP - Practices

www.deflaw.com [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 [cached]

Georgia

...
Mr. Beelen practiced transactional residential real estate law in Georgia from 1999 - 2003, transitioning to real estate litigation in 2004.


Drew Eckl & Farnham, LLP

www.deflaw.com [cached]

In Georgia, it had long been established that a witness could be impeached at trial by evidence of a prior conviction for a crime of "moral turpitude."

...
For almost two years after the enactment of the Criminal Justice Act of 2005, it was unclear whether the common law "moral turpitude" standard continued to be applicable in concert with O.C.G.A. §24-9-84.1, or whether the newly codified law vanquished the applicability of Georgia's common law standard for admissibility.


Drew Eckl & Farnham, LLP

www.deflaw.com [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).
...
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

www.deflaw.com [cached]

Once you obtain a fi. fa. and it has been recorded in the judgment county, you may record it in any county in Georgia in which you suspect the defendant owns real property (a farm, a home, a condominium, etc.).The fi. fa. provides a lien against any real property owned by the defendant, and the property cannot be transferred until the outstanding lien is satisfied.The judgment lien is active for seven years, and may be easily renewed if necessary.

If the defendant resides out-of-state, you may also file your judgment in any other state in which the defendant resides or owns real property.Although the judgment is effective from the date of filing and service in the foreign court, other states generally require a waiting period of 30 days before judgment creditors can begin the collection process.Likewise, if you obtain a judgment in another state, your judgment may be domesticated in Georgia using the same procedure to allow you to start collection efforts in Georgia.

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