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Questions Answered by Kirby G. Smith
1 Answer | Asked in Workers' Compensation for Georgia on
Q: Can I request to see the judge concerning my workman comp case?

I injured my back at work in 2012 in the beginning I was seeing doctors in the past for over the last 1 yr I haven't seen a doctor. I've been requesting to see a doctor due to the pain in my hips and just recently I just found out the pain is coming from my SI joint. Is it possible to... Read more »

Kirby G. Smith
Kirby G. Smith answered on Jan 27, 2015

This is a question you should ask your attorney.

1 Answer | Asked in Employment Law for Georgia on
Q: can my employee make me pay money back because they say i was overpaid on raise that is 8 months old?
Kirby G. Smith
Kirby G. Smith answered on Jan 27, 2015

I'm assuming by "employee" you mean "employer." Yes, this is generally allowable unless their reasoning for doing it is discriminatory or retaliatory.

1 Answer | Asked in Employment Law for Georgia on
Q: Is it lawful for your employer to tell you how to claim during the year (how many dependents or exempt etc)???

My employer is telling its employees that are salary that they can not file exempt. It's my choice right? Even if this causes me owe for that year.

Kirby G. Smith
Kirby G. Smith answered on Jan 27, 2015

Generally, no - that's between you and the IRS. However, it's such an odd request that there may be something else going on here. I would recommend contacting an attorney to see what can be done.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: My attorney requested a deposition for my work comp case. Should they have requested mediation instead of a deposition?

I was injured on the job with the State of Ga. The Doctor put me on light duty and my weekly benefits terminated. My attorney requested a deposition, which has taken 8 months. Should they have filed for a mediation hearing, since meditations are generally scheduled within 30 days of requesting?... Read more »

Kirby G. Smith
Kirby G. Smith answered on Jan 12, 2015

You should ask your attorney these questions, and do not hesitate to ask "why" - why is this decision being made, why is this process not being used, etc. Your attorney will likely be able to set your mind at east. If you are not satisfied with the answer, then you should contact... Read more »

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I fell at work landed on knee. I was sent to a Dr who put me into a immobiler for too long. Therapist says I need surger

The doctor says I need exercise at home.

The doctor never looked at the therapist notes or scans or touched my knee. What are my options

Kirby G. Smith
Kirby G. Smith answered on Jan 12, 2015

Ask your employer for a list of approved doctors for their plan. In most cases, you have the ability to switch between the doctors on this list. If your employer will not allow you to switch between doctors on their approved physicians list, then contact an attorney to discuss further options.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I have had several injuries in state of ga. I had an attorney who supposedly was representing me for the first injuries

that were about 2 wks apart in 2 consecutive months of 2007. I would later file on my own in 2012. The bd is claiming that the only file date is the 2012 date by me so that claim is outside of stat. Of lim. What can I do?

Kirby G. Smith
Kirby G. Smith answered on Jan 5, 2015

Contact the attorney you worked with previously to obtain a copy of your client file. You should be able to see from there when/if your previous attorney filed a claim on your behalf. If they did, then you can contact an attorney to explain your potential options to you.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Am self-employed&have on the job injury.What avenues do I have (if any) for Worker's Comp benefits or short disability?
Kirby G. Smith
Kirby G. Smith answered on Dec 19, 2014

Generally speaking, if you are self-employed, you are considered an "employer" and not an "employee." However, if you have insurance and informed your insurance provider that you wanted to be covered as an employee, you may have options available to you.

1 Answer | Asked in Employment Law for Georgia on
Q: Can an employer demand I refrain from attending extracurricular activities because certain parents were bothered?

No charges. No illegal/insubordinate activity/behavior. Threatened my position/career/livelihood. Continued harassment.

Kirby G. Smith
Kirby G. Smith answered on Dec 19, 2014

From an employment standpoint, yes, unless that activity has something to do with your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. In that case, you would want to contact an employment attorney to discuss the issue... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: can an employer make you be on call without pay
Kirby G. Smith
Kirby G. Smith answered on Dec 19, 2014

If you are working while on call, then in most circumstances, no. If you are not working while on call, then the answer shifts to a maybe. The Department of Labor actually issued a policy letter that went over some of the factors that will be considered when determining whether you should be paid... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: Why does my employer refuse to accept a two week notice? The employee is asked to leave immediately .
Kirby G. Smith
Kirby G. Smith answered on Dec 19, 2014

I am assuming your employer wants to separate you from employment, you gave a 2-week notice, and the employer refused the offer and told you to leave. Employment law itself doesn't require a 2-week grace period before separating an employee. Check your employee handbook, employee contract,... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: Wal-mart is contradicting there policy.

The retail gaunt is forcing me to step down. I had a misdemeanor simple battery and its no longer on my record but yet they company wants me to step down. Is this legal? I have been there going on ten years and that's the only time I've been in trouble. That happen after yet of abuse... Read more »

Kirby G. Smith
Kirby G. Smith answered on Dec 19, 2014

Employees being terminated due to prior criminal convictions are not protected under the EEOC's employment laws. Look for patterns in your Wal-Mart's decisions to fire employees. If the people being fired are almost all within a specific race, color, religious group, gender, national... Read more »

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