AUG 2018
LEGAL INJURY GUIDE
327 Bankhead Hwy, Carrollton, GA 30117
WINNING CONFIDENCE IN THE COURTROOM
that any nerves I had were completely gone. It gave me the confidence I needed to become the attorney I am today. Having a case go to the state’s Supreme Court is a lengthy process, particularly in the realm of workers’ compensation. It starts in the usual way — you try your case, and the judge renders a decision. The losing side appeals the decision, then it goes to appellate division, and a decision is made there. If one side appeals this decision, it goes to Superior Court, then to Court of Appeals. At that point, if your appeal application is granted, Georgia Supreme Court will hear your case. Six months later, you get a decision. All in all, it can be a 3–4 year process, so you have to have a strong belief in what you’re doing. In our case, my client was a school bus driver who had a torn rotator cuff. The way benefits are calculated in this instance is to average the employee’s wages over the 13 weeks prior to the injury. If they haven’t worked for the past 13 weeks, compensation is calculated by looking at employees in a similar role and averaging those wages. In our client’s case, the 13 weeks hadn’t been completed because her injury occurred at the beginning of the school year, so they calculated her compensation amount by the contract wage for similarly situated jobs. However, during the summer, our client drove buses for the Bluebird company and made deliveries around the country at a much higher wage. Our argument was that as long as the wages had been earned in those 13 weeks, they should count toward her compensation rate. It was an important case for setting a new precedent in workers’ comp law. Our case worked its way up until the Georgia Supreme Court agreed to hear it and ultimately rule in our favor in Fulton County Board of Education v. Thomas, 299 Ga. 59 (2016). It was a huge moment of success for my client and anyone who has a similar workers’ comp issue. It also provided me a huge boost of confidence that has allowed me to become a better attorney. My amazing wife, Katie, and I live in Carrollton with our daughter, Polly, who’s 1. She’s so little! These days, she eagerly awaits for me to get home from work because it means she can play in the kiddy pool in our backyard. She loves jumping off the little slide, especially when I’m looking the other way. No matter how my day has gone, nothing beats coming home to the smile of my little girl. How I Got Over My Nerves
In school, I played baseball, football, and basketball. Unless you go pro, you need to find another outlet to feed that competitive desire. Law was the answer for me. But I wasn’t the kid who always knew they would become a lawyer. I actually planned to go to medical school because as a doctor, I could help people, and the work was something different every day. Then I went to Auburn for my undergrad. After I took my first physics class, I quickly realized that science was not my strong suit. I’ve always been good with writing and words, so I changed majors and realized law is also about helping people, while allowing me to solve new problems every day. I enjoy being in the courtroom because it feeds the competitiveness I developed in sports. Trials require you to constantly think on your feet. I pride myself on thinking quickly and having good reactions, but it’s definitely something I’ve honed along the way. The addition to going up against a trained adversary, knowing there will be a winner and a loser keeps me motivated to perform at a high level for my clients. During law school, I interned with Smith, Wallis, & Scott, and was offered a permanent position upon graduating. During my internships, I got to watch our experienced attorneys do what they do best. Still, observing can’t totally prepare you for doing. Luckily, our firm values hands-on experience. One week after being sworn in as an attorney, the firm let me try my first solo case so I could get my feet wet. I was thrown in head first and had to learn on the go, which I appreciate immensely. It was scary, of course, and it took a year of trying cases before I really felt comfortable with it. What really got me over my nerves, though, was a case I had two years ago when I argued in front of the Georgia Supreme Court. After that, I noticed
–Joseph Brown
1 (770) 214-2500
them where they should stand when the bus approaches — a minimum of three large steps or 6 feet from the street. Tell your kids about the importance of sitting still and not standing in the bus while it’s in motion. KIDS ON THE ROAD Whether your child is biking, walking, or even skateboarding, it’s vital that they know and follow the rules of the road. All children should practice road safety behavior, such as riding on the right side of the road, wearing helmets, stopping at stop signs, and watching out for cars. Internalizing these habits will help them stay aware of their surroundings when traveling to and from school. SHARING THE ROAD When school starts, the roads become even more cluttered than usual. On top of people heading to work, there are large buses making frequent stops, parents rushing to drop their kids off, and young kids biking or walking to school. With the added tension on the road, it’s important to be alert and move cautiously. Slowing down in school zones or around young pedestrians will keep you vigilant and could potentially save lives. Teach your kids to be prepared and safe on the road to ensure that they have a healthy and safe school year. TRANSPORTATION SAFETY TIPS Protect Your Children During Their Commute
With the school year fast approaching, families are in preparation mode. Parents are busy buying new clothes and school supplies and thinking about the best way to get their kids safely to school. Keeping your child safe on their commute starts with knowing the transportation method that works best for you and the rules that accompany that method. TAKING THE SCHOOL BUS According to the United States Department of Transportation, the school bus is the safest means of transportation to and from school. Buses are built to withstand a hit and distribute the damage throughout the vehicle, keeping its passengers safe and sound.
Knowing basic bus safety will help kids be mindful when taking the bus. Before the school year starts, take your children to the bus stop and show
When you’re on Social Security Disability, it may not feel like you ever have enough of anything. Your life has probably changed a lot, whether it’s due to a chronic disability or another issue. It may not feel like there’s a lot within your control, but there is one important thing you do have control over right now: your time. By making what matters a priority, you can devote your time to what’s important to you and find more fulfillment in it. MAKE A LIST. If someone asked you what matters most in life, what are the top three things that come to mind? Are you spending time on them? If not, why? It’s time to dig deep and ask yourself these important questions to get what you want out of the time you have. MINIMIZE DISTRACTIONS. Was Facebook on your list? Probably not, right? It’s time to focus on the items on your list. If it’s writing, how can you make more time for it? Maybe it makes sense to set aside time first thing in the morning. If it’s being with your grandkids, talk to your children about helping you make that happen. Brainstorm to prioritize what matters. YOUR MOST PRECIOUS COMMODITY Making the Most of Your Time on Social Security Disability
TAKE A PAGE FROM TIM FERRIS. Have you read the “4-Hour Work Week”? It’s applicable to more than just a job. In it, Ferris shows us why more isn’t always better. By making small changes to your day, you can expedite the obligations, like cleaning, and have time for what you want to spend time on, like writing your novel.
Begin to organize your schedule according the priorities in your list. Spend time doing what matters to you and not to anyone else.
Your other priority should be strong legal representation. Let Smith, Wallis & Scott handle your legal concerns so you can focus the rest of your time on what matters. Call 770-214-2500 for more information.
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A STORY OF SURVIVAL
Last month, one soccer team caught international attention. No, it wasn’t Croatia or France — it was the Wild Boars. After being trapped for two weeks in a flooding cave, the youth soccer team in Thailand finally emerged thanks to extraordinarily brave divers and Navy Seals. After soccer practice one day in June, the teammates and their assistant coach rode their bikes to the Tham Luang cave, a spot in the Tahi Mountains they often frequented because of its incredible cave system. As they explored a section that they’d been to many times, a sudden rush of water caused them to retreat further into the cave. As the water started to rise, the boys were forced four kilometers into the cave. Soon, national rescue efforts attracted international attention. The perilous conditions brought in not only the Thai Navy Seal team, but also expert divers from around the world to try and reach the boys deep within the cave. The environment inside the cave was punishing for divers trying to locate the missing boys: The rains had caused most areas to fill with muddy water that was impossible to see through, and the caverns were labyrinth-like, with some sections being so narrow as to barely let a human through. TAKE A BREAK
After several days, one courageous diver located an air pocket just past the boys’ hangout. As the diver surfaced and held up his torch, he illuminated a miraculous sight — a group of boys descending from a cavern ledge. “How many of you are there?” he asked. “13!” was the answer. Now that the boys were located, rescuers needed to get them out. Rain waters would only increase in the coming days, so time was of the essence. The situation left only one option: strap each boy to a diver with oxygen and take them out, one by one. The intricate rescue took place over many hours, beginning on July 7. By July 10, only moments before water surged even higher around the cave’s entrance, all 13 boys and the rescuers were out — weak but alive. How did the boys remain calm during the intense period inside the cave? Their assistant coach, Coach Ake, was a former monk, and taught the boys to meditate. This also helped them conserve energy and oxygen.
A social media post by one Thai Navy Seal shows just how miraculous the boys’ successful rescue was: “We are not sure if this is a miracle, science, or what.”
SUMMER GRILLED HALIBUT
If you’re tired of grilling hamburgers at this point in the summer, try using your grill for something a little different. This easy halibut recipe is a great change of pace.
INGREDIENTS
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2 pounds mixed tomatoes, sliced
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4 boneless, skinless halibut fillets, about 5 ounces each 1/4 cup olive oil, plus extra for drizzling
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1/2 cup hearts of palm, drained
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Basil leaves, for garnish
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Kosher salt and black pepper, to taste
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1 lemon
DIRECTIONS
4. In a mixing bowl, combine
1. Lightly oil grill grates and heat grill to medium. 2. Grate 1 teaspoon lemon zest onto halibut fillets. Drizzle with olive oil and season with salt and pepper. 3. Grill halibut, turning just once, for about 5 minutes on each side.
tomatoes, hearts of palm, juice from lemon, and oil. Season with salt and pepper. 5. Garnish salad with basil. Spoon salad over grilled halibut. Serve.
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Inspired by Bon Appétit magazine.
PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
(770) 214-2500 swslawfirm.com INSIDE THIS ISSUE
327 Bankhead Hwy Carrollton, GA 30117
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Confidence in the Courtroom
Keep Your Kids Safe on the Way to School
How to Define Your Priorities
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A Story of Survival
Summer Grilled Halibut
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The Strangest Holidays in August
ARE THESE ON YOUR CALENDAR? August’s Silliest Holidays
those digits throughout the day. Just don’t expect to see any Hallmark cards devoted to National Wiggle Your Toes Day anytime soon.
AUGUST 13: LEFT-HANDERS DAY About 10 percent of the population is left-handed. Lefties may be stuck in a right-hand-dominant world, but on August 13, they rule the roost. Originally founded in England, Left-Handers Day has taken off in the U.S. Righties are encouraged to try out a left-handed approach for the day. Lefties, for their part, are free to be themselves. AUGUST 17: NATIONAL THRIFT SHOP DAY Thrift shops are a staple of American commerce, so it makes sense that there is a day devoted to them. Take the day to hunt for lost treasures and screaming deals. Many thrift shops also benefit nonprofit organizations, giving you even more reason to frequent them. AUGUST 27: NATIONAL ‘JUST BECAUSE’ DAY This celebration is really scratching the bottom of the holiday barrel. Joseph J. Goodwin created National “Just Because” Day in the 1950s. It’s a day to do something “just because.” Be spontaneous and have a little fun. There’s no one way to celebrate, which is fitting, given that the existence of the holiday seems to defy logic altogether.
February has Valentine’s Day; September has Labor Day; December, of course, has Christmas; and August has, um, National Raspberry Cream Pie Day. August may not host any major holidays, but it doesn’t lack for some of the goofiest on the calendar. AUGUST 6: NATIONAL WIGGLE YOUR TOES DAY While the origin of this holiday is uncertain, it’s held every year on August 6. To celebrate, people are encouraged to wear sandals, flip flops, or other toe- exposing footwear. You can also frolic barefoot in the grass or simply stretch
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