Disability Law

Case Law Update: Workers? Comp Attorneys Should Review All Legal Requirements When Pursuing Judgments in Superior Court, Including Those Against Uninsured Employers

By Jack E. Clay

On August 15, 2008 the Georgia Court of Appeals decided the case of Taylor v. Peachbelt Properties, Inc., 2008 Ga. App. Lexis 932. This case involved the enforcement of a judgment in the Superior Court after a workers? compensation case was decided. In this case, the claimant filed a workers? compensation case against an uninsured employer. While many employers in Georgia are uninsured, the law is clear that employers who meet certain requirements must carry workers? compensation insurance. The remedy is a personal responsibility of the ?owners? of the corporation, despite the fact that the business entity may be a corporation or limited liability company.

In this case, the original workers? compensation Award was established in 1995. This case involved the renewal of this original judgment in the Superior Court many years later. I am including an article on this case as many workers? compensation claimants? attorneys handle cases involving uninsured employers. This case emphasized the importance of following all procedural protocol after a judgment is obtained in the Superior Court, especially for claimants? attorneys who have judgments against employers. In this case, a motion to amend was filed after the proper time (i.e. not in the same term of court as defined by Code in each Judicial District throughout Georgia) in the Superior Court. Thus, the Superior Court had no authority to amend its prior judgment.

Workers? compensation attorneys are cautioned to carefully review the legal requirements concerning judgments if they pursue such judgments against uninsured employers. Another reasonable suggestion would be for the claimant?s counsel to consult with or associate with an attorney who specializes in post-judgment collections.

Full post as published by Georgia Law Blog on December 05, 2008 (boomark / email).