by Timothy A. Raimey, Jr., Esq.

The workers’ compensation bill known as HB 412 passed through the General Assembly and is on the way to Governor Deal’s desk for signature. Here are the changes:

1. The maximum TTD rate will increase from $525 to $550 per week, the maximum TPD rate from $350 to $367 per week and the death benefit when there are no other dependents will increase from $150,000 to $220,000.

2. Revised deadlines and procedures for the dissolution of the Subsequent Injury Trust Fund (SITF), moving the sunset date from 2020 to 2023. There will still be payments made after 2023, but not through SITF.

3. Elimination of the Conformed Panel of Physicians as one of the three options available for satisfying the requirements for furnishing medical care (keeping the traditional panel of physicians and Managed Care Organization “panel” in place). The Conformed Panel was used infrequently anyway.

Governor Deal is expected to sign the bill and if he does, the changes would be effective July 1, 2015.

HB 412 also addresses the Court of Appeals decision in Pitts v. City of Atlanta. The Pitts decision created an exception to the exclusive remedy doctrine; the Court held where there was a breach of contract by a sub-contractor, a claimant may recover both workers’ compensation benefits and civil damages. Thus the Pitts Court’s decision potentially limited the scope of the exclusive remedy doctrine for Georgia employers. However, HB 412 clarifies that unless the contract specifically enhances work injury benefits, exclusive remedy still applies, stating that “the employer may be liable to the employee for rights and remedies beyond those provided in

[the Workers’ Compensation Act] by expressly agreeing in writing to specific additional rights and remedies.”

Finally, the “firefighter” bills did not pass during this session but will carry over to the 2016 legislative session. The Senate version provided a rebuttable presumption of compensability for firefighters’ occupational diseases consisting of hypertension, heart disease, respiratory disease and some cancers. The House bill deleted hypertension and heart disease and added AIDs and hepatitis to the list of occupational diseases.

For those who are interested in reading more, the full text of the current version of the bill with revisions can be found here.