by Kenneth A. David, Esq.
Want to know if a claimant has applied for SSDI or is Medicare eligible? It is now a simple process in which you do not need a vendor or even authorizations signed by the claimant. All you need to do is direct the claimant or claimant’s attorney to the SSA website […]
by Emily Anderson, Esq.
Once an employee is injured, they have one year from the date of the injury to file the claim if no lost time is paid. When there is a specific accident, knowing what date to use is easy. However, not all injuries are that straight forward.
• Cumulative Trauma: when an employee does […]
by Emily Anderson, Esq.
The Board recently published new rules, effective July 1, 2017. The most substantive change is to Rule 205, which provides expedited access to judges via conference calls to address delays of more than 5 days in authorization for medical treatment or testing in compensable claims. In order to implement Rule 205(c), the […]
by Emily Anderson, Esq.
Prior to July of this year, submitting an MSA to CMS held more of a risk, since the initial amount approved by CMS was typically the amount the parties were stuck with, even if circumstances changed. CMS would only review an MSA once, unless there was an obvious mistake (i.e. a math […]
by Vincent A. Toreno, Esq.
While Medicare Set-Asides have been a fixture in workers’ compensation cases for years, they have been much less commonly seen in liability cases. That will likely be changing. Until now, the Centers for Medicare and Medicaid Services (CMS) has provided little guidance on how to ensure that Medicare’s interests are protected […]
by Frank A. Wasser, Esq.
A recent ruling by the Georgia Supreme Court expanded the scope of the “willful misconduct defense” in favor of employers and insurers. In Chandler Telecom, LLC v. Burdette, the court held that an intentional violation of an employer’s rules may bar compensation, when that violation is committed “either with the knowledge […]
by Frank A. Wasser, Esq.
On May 9, 2017, Governor Deal signed into law an expansion of Georgia’s medical marijuana program, which allows certain patients the ability to possess up to 20 ounces of cannabis oil to treat specific illnesses. The new law added six conditions eligible for treatment. Significantly, the law only allows physicians to […]
by Frank Wasser, Esq.
Too often, general contractors and other businesses who hire or “sub-contract” work out to another company find themselves “on the hook” when an employee of the subcontractor gets hurt on the job; this is in spite of the fact that the subcontractor signed a contract or provided information stating the subcontractor had […]
by Vincent A. Toreno, Esq.
Title VII prohibits several types of discrimination including discrimination “because of sex.” But the courts have refused to accept sexual orientation as a protected class under Title VII. However, court opinions have indicated a shift and suggested that sexual orientation discrimination is in fact sex discrimination. Similarly, the EEOC has recently […]
