Category Archives: Appeals

We have posted stories about appeals in this section to help keep you informed about your legal rights here in Georgia and beyond.

Can Disobedience Result in a Loss of Workers’ Comp Benefits?

If an employee who disobeys an employer’s instructions and acts in a dangerous fashion is injured as a result, can that person lose workers’ comp benefits? The Georgia Supreme Court has ruled that yes, he or she could lose those benefits. The case in question involved a man named Adrian Burdette, a cellphone tower technician at Chandler Telecon LLC. Burdette was injured in 2012 after falling from a cellphone tower. At the end of his shift, Burdette was instructed to climb down the tower, rather than doing a controlled descent using his safety gear. Burdette instead attempted the controlled descent, but he ended up smashing into an ice bridge, leading to ankle, leg and hip injuries. At first, Georgia’s State Board of Workers’ Compensation denied Burdette benefits on grounds that he was engaged in willful misconduct at the time of the injury. When the case reached the Georgia Court of…
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Judge Approves Electronic Logs for Truckers, But When Will They Rollout?

Back in 2010, the Federal Motor Carrier Safety Administration (FMCSA) wrote a rule that required all truckers to use an electronic logging device (ELD). This measure was meant to stop truckers from driving too long and endangering public safety. However, the Owner-Operator Independent Drivers Association (OOIDA) called foul.  The two organizations have been sparring ever since, but that fight could finally be coming to an end. Will Electronic Logs for Truckers be Rolling Out Soon? ELDs are meant to keep truckers from violating government rules that keep truckers from driving too long. But when the FMCSA tried to make these logs a requirement, it was block by OOIDA. OOIDA took the rule to court where it was struck down because it didn’t protect truckers from carrier harassment. That defeat didn’t stop the FMCSA. In 2015, the safety administration drew up new rules to require ELDs in every post 2000 model…
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Who Was Affected By The GM Ignition Switch Defect?

So often we see an automotive recall and we think that we just won’t be affected by it. However, that just isn’t true. A family in Georgia learned this lesson the hard way, but their story can help keep others from suffering what they endured. Who Was Affected By The GM Ignition Switch Defect? A 29-year-old nurse had just gotten off of work and was heading to her boyfriend’s house to celebrate. You see, it was her birthday and after a hard day’s work, she was planning to unwind, but she would never get to. On Hiram Acworth Highway, this 29-year-old drove down a hill and hydroplaned on a puddle of water. Her car was then struck by an oncoming vehicle, and it spun out into the nearby river. After paramedics rushed her to the hospital, doctors fought furiously to save her, but her injuries were too much. The nurse…
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