Atkins David LLC

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So far Atkins David LLC has created 268 blog entries.

Atkins David welcomes our new Associate Kristi Oakes!

Kristi received her law degree from Mercer Law School, where she also received
a certificate in Advanced Legal Writing, Research, and Drafting. At Mercer, she
also received two CALI Excellence for the Future Awards, given to the highest
scoring student in a law school class. During law school, Kristi served as
president of the Joshua’s Wish Committee, served as […]

Tuesday, August 13, 2019|

A Short and Quick Guide to Crisis Management

The time to think about managing a workplace crisis is now. Crises can occur in any business at any time. When tragedy strikes, you must be ready to respond. Quick action will minimize the negative impact of a crisis and prevents the snowball effect. This is no substitute for a comprehensive crisis management plan, but […]

Tuesday, July 9, 2019|

Attorney-Client Privilege in Crisis Situations

By: Tyler Jones, Esq.

When crisis hits, there is little time to consider the implications of every minor maneuver, communication, and decision that is made in what is likely a more than usually chaotic situation. While the immediate focus after a crisis situation occurs is the immediate physical reaction such as providing medical treatment, notifying emergency […]

Tuesday, July 9, 2019|

TTD/TPD Rates to Increase Effective July 1, 2019

By: Wesley R. Moore,

July 1, 2019, the cap on Georgia workers’ compensation benefits will see one of
the largest increases over the past 20 years. The maximum Temporary Total
Disability rate will increase from $575 to $675, while the maximum Temporary
Partial Disability rate will increase from $383 to $450. Additionally, both Permanent
Partial Disability and death benefits […]

Tuesday, April 9, 2019|

Stip Review: what is Hartman language and why is it included in settlement documents?

By: Wesley R. Moore,

time a claim settles, the “stip,” or stipulation and agreement, must be
executed by both the claimant and employer/insurer and submitted to the State
Board of Workers’ Compensation for approval. Whether the settlement is on a
liability or no-liability basis, stips always include “Hartman language”, which
is a provision that references the payment of Social […]

Tuesday, April 9, 2019|

Statute of Limitations on “All Issues” vs. “Change of Condition” Claims: when and what you can deny if the claimant has not treated or received benefits in a long time

By: Wesley R. Moore, Esq.

When a claimant has waited one year or more in between receiving medical treatment for an occupational injury, it can be confusing to figure out whether the employer/insurer can deny further treatment based on the statute of limitations and if so, determining which statute of limitations would apply. It is […]

Tuesday, April 9, 2019|

Taking Credit: How to Reduce the Benefits You Owe

By: Jarvis B. Läkemäker, Esq.

A quick reminder that you can use WC-243 to reduce or eliminate your TTD exposure if an employee receives other post accident benefits. a. Unemployment – you get a dollar for dollar credit if a claimant is awarded unemployment. File the WC-243 showing a full 100% […]

Friday, February 22, 2019|

What CMS Wants: CMS Criteria When Reviewing An MSA

By: Jarvis B. Läkemäker, Esq.

In December we discussed when you should have an MSA done and when you would need the Centers for Medicare & Medicaid Services (CMS) approval. We provided a Medicare Checklist to assist you in that evaluation. This month, we will focus on the steps CMS’ Workers’ […]

Friday, February 22, 2019|

Claimant Characteristics Useful Predictor of Opioid Prescription Rates: Doctors Prescribe More Opioids for Patients That Are Older, Rural or in the Construction Industry

By: Jarvis B. Läkemäker

A recent study found that a patient’s demographics and type of employment may correlate to the amount of opioids they are prescribed. In its study, Correlates of Opioid Dispensing, the Workers Compensation Research Institute (WCRI) identified characteristics of injured workers and their employers that are associated with differences […]

Friday, February 22, 2019|

Getting Less Aggravated: How to Prove an Aggravation Has Ended

By: Jarvis B.
Läkemäker and Ben Young

You have an accepted claim with no full duty release in sight. You
are unable to return the claimant to light duty work. How do you cut off
benefits? If the claimant had pre-existing medical issues, you may be able to
argue that the work injury – an aggravation – no longer […]

Friday, February 22, 2019|