Goodman McGuffey LLP attorneys and DRI members Robert A. Luskin and Alyce B. Ogunsola recently obtained a complete grant of summary judgment in favor of their client, a regional health-care facility. Both Mr. Luskin and Ms. Ogunsola practice in the firm’s Atlanta office. 

The plaintiff, a woman of Columbian decent, filed a lawsuit in the United States District Court for the Middle District of Georgia, alleging that she was discriminated against and subjected to a hostile work environment, in violation of 42 U.S.C. § 1983. She also asserted a claim for retaliation under the False Claims Act.  

After extensive discovery, the defense team filed a motion for summary judgment, arguing that the plaintiff essentially abandoned her racial discrimination claim by failing to produce any evidence of discrimination in her employment or termination. The defense team also established that the plaintiff’s purported seven instances of alleged racial harassment, including comments that could potentially be directed at her national origin, over the course of eight years were neither severe nor pervasive enough to rise to the level of a hostile work environment. Finally, the defense team contended that the plaintiff did not engage in protected activity under the False Claims Act when she told the chief of staff that she believed that a handful of patients were being kept longer than she believed was medically necessary and when she opined that a peer review should be conducted. 

The court agreed with the defense argument that the plaintiff failed to support her discrimination claim. The court also found that while the plaintiff may have perceived the incidents of alleged racial harassment as subjectively hostile, they were not sufficiently objectively hostile to constitute a hostile work environment. The court found that the plaintiff’s complaints were not related to fraudulent claims for federal funds, and therefore, she had not engaged in protected activity under the False Claims Act. Ultimately, the defense prevailed, and the court granted summary judgment in the defendants’ favor on all counts. Vazquez v. Upson Cty. Hosp., Inc., No. 5:18-CV-00073-TES, 2019 WL 5395447, at *1 (M.D. Ga. Oct. 22, 2019).

Team Goodman McGuffey participated in the Run for Justice 5k in Oakhurst this past Saturday that benefited the Atlanta Legal Aid Society. Members of Team Goodman McGuffey had a successful 5k with partner, Teri Zarrillo, winning 1st place in her age group alongside her son, Michael, who won 2nd in his age group, as well as Ronan Smith, son of partner Paula Smith, who won 1st place is his age division and 5th place overall.

Great job Team!!

Atlanta partner, Teri Zarrillo, presented alongside The Physicians Spine and Rehabilitation Specialists, Dr. Randy Rizor, at the 2019 Roadshow CEU event on October 31st, in Atlanta, Georgia. Teri’s presentation “High Chronic Pain & Case Settlement”, was a part of the 2-hour CEU Lunch & Learn that is put on annually throughout the Atlanta area. Don’t miss out on next year’s Roadshow and feel free to contact Teri Zarrillo with any questions.

Teri Alpert Zarrillo

Teri Zarrillo is a partner in Goodman McGuffey LLP, and primarily represents self-insured and commercially insured employers in workers’ compensation matters.

Teri was admitted to the State Bar of Georgia and The Florida Bar in 1993. She earned both her undergraduate and graduate degrees from Emory University (B.A. in 1990 and J.D. in 1993). Teri serves on the Board of the Workers’ Compensation Section of the Atlanta Bar Association, and the Board of the Atlanta Claims Association, where she was Education Chairperson from 2012-2015 and currently serves as the Sponsor Liaison Chairperson. She also is an active member of the Atlanta Lawyers Club, CLM, and RIMS.

Teri has been privileged to speak at numerous seminars regarding various workers’ compensation issues and is an instructor in the State Board of Workers’ Compensation Certified Workers’ Compensation Program. Her experience also includes representing clients in general litigation of civil cases and insurance coverage. Teri has been rated “AV” by Martindale-Hubbell and recognized by Atlanta Magazine as a Georgia “Super Lawyer.” She was born in Brooklyn, N.Y. in 1969 and was raised in Miami, Florida.

Wade McGuffey, a partner in Goodman McGuffey’s Atlanta Office, is leading a panel discussion Wednesday, October 30th on current medical issues in workers’ compensation claims at this year’s Fall Georgia Workers’ Compensation Association Conference at the Shepherd Center in Atlanta, Georgia. The panel consists of Dr. William Brooks, OrthoGeorgia in Macon, GA; Brenda Eckman, Claims Manager, Georgia Municipal Association; and, Liz Smith, Risk Manager for Georgia Power Company. They will be addressing issues with the prompt delivery of medical treatment to injured employees, use of the panel of physicians and issues that employers and medical providers are having in getting appropriate treatment for injured employees.

You can register to attend the 2019 GWCA Conference here.

Goodman McGuffey Partner, Robert Luskin, was recently installed as President of the National Board of NSPII October 7th, 2019 at the Annual Education Conference in the Greater Cincinnati Area. NSPII is a national organization dedicated to furthering investigative ideas, procedures, and techniques for prevention of Insurance Fraud.

Robert Luskin is an experienced trial lawyer in the Atlanta office who represents clients in a wide range of insurance matters and employment litigation in Federal and State Courts across Georgia and the Southeast. Robert has experience in defending corporations and individuals in various complex litigation matters as well as extensive experience in the areas of products liability, premises liability, professional negligence, questionable insurance claims, and other insurance coverage matters. Robert also represents various companies with regard to employment-related matters including discrimination and harassment issues.

Robert is pictured with immediate past President of NSPII, Candance Padgett. For more information about NSPII, visit http://www.nspii.com/home/

Congratulations Robert, great job!

Goodman McGuffey’s WC team had a successful trip at this year’s ICLE Workers’ Compensation Law Institute in Jekyll Island and even took advantage of the beautiful weather. While attending the conference, GM donated in support of Kids’ Chance of Georgia at the 2019 Kids’ Chance Dinner & Silent Auction in Saint Simons this past Thursday.

Paula Smith is on the Kid’s Chance Committee that begins work in late July to organize the October event which raises money to award college scholarships to eligible students who have suffered the loss of a parent or guardian or have been severely injured in a workplace accident.

Hundreds of donations from private individuals, corporations and fellow bar members were auctioned off at the annual Kid’s Chance Dinner held at the King and Prince and even featured a raffle for a one week stay at a fabulous home in Honolulu.  The grand prize raffle item was won by our firm’s own Nate Hofman, who purchased 4 raffle tickets for $100 and is planning his upcoming wedding/ honeymoon around his big “win.”

To find out more about Kid’s Chance and how to become involved contact:  Paula Smith, psmith@gm-llp.com or visit https://kidschancega.org/

It is always a pleasure to raise money in support of such a great cause.

Thank you, ICLE for another amazing conference!

Goodman McGuffey Partner Fred Green and Associate Tina Lute recently published an article titled, Changes to the Rules and Regulations of the State Board of Workers’ Compensation Which Took Effect September 1, 2019. If you have any questions concerning any of the newly effective Board Rules, or any other issues, please do not hesitate to contact Fred or Tina for more information. Click here to read the full article.

Sarasota partner, Cathi Carson-Freymann, is a regular guest host on ABC7’s Suncoast View. In addition to providing insight into the latest legal news, Cathi interviews policymakers and community leaders. Keep up the hard work Cathi!

Partner

Catherine M. Carson-Freymann is a partner in Goodman McGuffey LLP.  Her areas of practice include all aspects of insurance and general liability defense, including personal injury defense, premises liability, automobile liability, and insurance coverage disputes. Ms. Carson-Freymann also has extensive experience with intellectual property litigation, including trademark prosecution and domain name dispute resolution.

Ms. Carson-Freymann graduated cum laude from Ohio University with a Bachelor of Arts degree in Political Science. She earned her Juris Doctor from University of Florida Levin College of Law where she served as a member of Law Review.

Ms. Carson-Freymann spent more than eight years as an on-air investigative reporter and legal analyst. She provided commentary on major trials, uncovered fraud, and exposed government waste. She was awarded 1st Place for Investigative Reporting and 1st Place for Individual Achievement by the Florida Associated Press.

Ms. Carson-Freymann is admitted to practice before the United States District Court for the Middle District of Florida and all courts within the State of Florida. She is also admitted to practice in Georgia.

Goodman McGuffey LLP’s, Fred Green and Teri Zarrillo presented at the Certified Workers’ Compensation Professional Recertification Class held during the 2019 State Board of Workers’ Compensation Annual Education Conference. Fred presented on Ethically Managing Medical Treatment, and Teri addressed the Claims Perspective. If you have any questions regarding their presentations or any workers’ compensation-related issues, please do not hesitate to call either Teri or Fred for more information.

Fred will also be speaking at the CWCP Recertification Class being held in Gainesville, Georgia on September 18th. If you are interested in the class, you can get more information at https://www.cwcp.net/.

Fred, who is a long-term member of the Steering Committee responsible for planning the 2019 State Board of Workers’ Compensation Annual Education Conference, moderated the Legislative and Appellate Case Law Update at this year’s Conference. There are only a few legislative changes that took effect July 1, 2019, and a handful of significant cases that came down from the Georgia Court of Appeals in the past year, but the legislative changes and appellate rulings are significant.If you have any questions or need any additional information on the legislative changes or court rulings, please do not hesitate to email or call Fred.

While attending the 74th Annual Workers’ Compensation Educational Conference this past week, Goodman McGuffey was able to participate in the 2019 Workers’ Compensation Institute Service Day in support of Give Kids The World, an organization that provides weeklong, cost-free vacations to children with critical illnesses and their families.

WCI has supported Give Kids The World since 2012 by bringing in hundreds of volunteers to complete Village service projects and raise money for the organization.  The Village and community partners support children and their families by providing accommodations in fully-furnished villas, transportation, tickets to theme parks, meals, and more. WCI volunteers were able to help with the cleaning and maintenance within these Village Venues, so that GKTW can continue to provide such wonderful services to families in need.

Thank you, David Wieland, for being such a helping hand in support of a great cause!