Amicus Efforts

The excellence of the Appellate services we provide is demonstrated by the frequency with which we are asked to file Amicus Curiae (i.e. “friend of the court”) briefs in hotly contested workers’ compensation and employment cases. When an issue affects injured employees, we have the experience and successful track record to make sure our client’s voices are heard.

Notable Decisions

The trial attorneys at Clements & Sweet represent individuals before the Georgia Supreme Court, the Georgia Court of Appeals and the United States Supreme Court. Some of our landmark cases are listed below. These rulings, won by Clements & Sweet on behalf of their clients, establish new precedent in protecting the rights of workers.

Workers’ Compensation

Williams v. ConAgra Poultry of Athens, 295 Ga. App. 744 (2009).
This Court of Appeals decision established the statute of limitations, which applies to claims seeking catastrophic designation of workers compensation injuries.

City of Atlanta v. Sumlin, 258 Ga. App. 643 (2002).
This workers’ compensation case presented first impression issues as to the proper construction of the statutory provision allowing an employer to suspend of temporary total disability benefits after an employee has been on light duty restrictions. The Georgia Court of Appeals held that because of the failure of the employer to comply with statutory notice provisions prior to suspension, the employer could not reduce the employee’s temporary total disability income benefits to temporary partial disability income benefits.

Smith v. Mr. Sweeper Stores, Inc., 247 Ga. App. 726 (2001).
This Court of Appeals decision established the burden of proof for claimant’s seeking continuation of medical benefits in a workers compensation claim.

Russell Morgan Landscape Management v. Velez-Ochoa, 252 Ga. App. 549 (2001).
The decision by the Georgia Court of Appeals establishes the rule that employers and insurers, when seeking to suspend income benefit payments to workers’ compensation claimants, must comply with the statutory notice provisions in order to afford due process and fair notice.

Bahadori v. National Union Fire Insurance Company, 263 Ga. 203 (1999).
In reversing the Georgia Court of Appeals, the Georgia Supreme Court held that a 2 year statute of limitations applies to claims for reimbursement of benefits previously paid to claimants in Workers’ Compensation claims, and that a claim for reimbursement could only arise in a change in condition claim. The decision resulted in the passage of a legislative enactment on this issue.

Wier v. Skyline Messenger Service, 203 Ga. App. 673 (1992).
This decision established that if an injured employee wishes to preserve the lifetime right to medical treatment, a claim must be filed.

Employment

Superintendent Beverly Hall v. Gerald Nelson, 282 Ga. 441 (2007)
Won reinstatement, back pay and benefits for school principal against the Atlanta Public Schools.

Brawner v. Marietta Public Schools, 285 Ga. App. 10 (2007)
On appeal, overturned termination of public school teacher out on long-term disability leave due to cancer.