by Jennifer M. Smith, Esq.
Unraveling what constitutes an “idiopathic” injury and determining whether these particular claims are compensable can be tricky and a recent Court of Appeals decision demonstrates the very fine line in making this determination. An idiopathic injury is one in which the cause is a physical or mental condition personal to the […]
by Jennifer M. Smith, Esq.
On July 1, 2014, U.S. Healthworks announced that it had acquired all five Choice Care Occupational Medicine and Orthopaedic Clinics in Georgia. We contacted Choice Care and discovered that the name change to U.S. Healthworks is already underway. This acquisition means that employers need to update any posted Panel of Physicians […]
by Kenneth A. David, Esq.
We previously reported on changes to the Fee Schedule effective May 1, 2014. One area that has not changed but continues to be the subject of some dispute is the cost of IMEs. Technically, there is no maximum amount a doctor can charge for an IME. The Fee Schedule allows a […]
by Marc Rhee, Esq.
Last month, a court in Missouri ruled that obesity may be considered a disability. The plaintiff, Joseph Whittaker, filed suit against America’s Car-Mart alleging he was terminated due to his obesity, which violated the Americans with Disabilities Act (ADA). America’s Car-Mart moved to dismiss the suit, arguing that obesity is not a […]
by Marc Rhee, Esq. and Jennifer M. Smith, Esq.
The 2014 Georgia Workers’ Compensation Fee Schedule went into effect on May 1, 2014, one month later than the typical effective date of April 1st. The delay this year was due to the delay in implementation of “ICD-10” (the Internal Classification of Diseases, 10th edition), the coding […]
by Christopher N. Kleps, Esq.
Last year brought more generic medications to the prescription drug market. Unless a doctor specifically states otherwise in a prescription, the generic versions of the drugs can be used, helping to bring treatments costs down. Starting in 2014, a generic version of the pain killer OxyContin will be available. The entry […]
by Kenneth A. David, Esq.
CMS has announced that as of March 31, 2014, they will now be using the 2009 CDC Life Table, replacing the 2007 CDC Life Table.
The good news is that overall we are living longer. However, it does mean increasing costs to MSAs where medical costs are projected out for life. […]
by Jennifer M. Smith, Esq.
Opioid addiction and abuse continue to be a concern and an ever increasing cost in workers’ compensation claims. As discussed in the recent RxInformer article, “Red Flags in Opioid Therapy”, employers and insurers should be on the lookout for signs indicating fraud, abuse and misuse of opioid medications. Taken individually, any […]
by Jennifer M. Smith, Esq.
Marijuana use for medicinal purposes is now legal in 20 states (AK, AZ, CA, CO, CT, DE, HI, IL, ME, MA, MI, MO, NE, NJ, NM, OR, RI, VT, WA) and the District of Columbia. Legislation is pending in an additional 10 states (Georgia is not one of the 10, but […]
by Kenneth A. David, Esq.
For most death claims, an autopsy is vitally important. However, an employer does not have a legal right to demand an autopsy. Instead, under Georgia law there are specific factors that determine whether an autopsy may be done. These factors are found in the Georgia Death Investigation Act (O.C.G.A. 45-16-20), which […]
