Workers’ Compensation Law

Making your WC forms stick: how to take full advantage of Board forms

By: Jennifer M. Smith, Esq.

For insurance adjusters, being assigned Georgia workers’ compensation claims means getting very, very familiar with forms. Forms are big in Georgia. Adjusters not only need to know which form to use when, but also need to be aware of deadlines for filing, what documentation needs to be included with filing and […]

Tuesday, February 13, 2018|

Georgia 2018 Legislative Update

By: Alissa C. Atkins, Esq.

Nineteen days into the 2018 legislative session, only a few bills have been submitted that pertain to workers’ compensation law. At this point, no bill has been submitted to increase the Temporary Total or Temporary Partial Disability maximums, and although it is still technically possible, we do not expect any sweeping […]

Tuesday, February 13, 2018|

Arguments For Changing the System: Complaints by Both Sides

by Nathaniel Hofman, Esq.

One of the more interactive panels involved defense and claimant attorneys discussing aspects of the law each side would change if they could. In a nutshell, attorneys for claimants want the compensation rate increased and to make it more difficult to decrease those benefits once they are started. Attorneys for employers and […]

Wednesday, October 11, 2017|

Is This an Idiopathic Injury? Clarification on Confusing Case Law

by Christopher Pugh, Esq.

What constitutes an idiopathic injury is a familiar topic in workers’ compensation because the criteria can be confusing. Idiopathic claims are those in which an injury is deemed not to have arisen out of employment because the claimant’s injury was from an unknown cause or for reasons personal to the employee. A […]

Wednesday, October 11, 2017|

Recent Appellate Division Decisions

by Tyler Jones, Esq.

Those who attended the conference were fortunate to gain insight from the panel on recent Appellate Division decisions, which included Judge Gobeil providing her perspective from behind the bench. The panel covered many cases, but the most relevant cases she reviewed are below, and address causation, ingress/egress, and willful misconduct.

• Causation

This case […]

Wednesday, October 11, 2017|

Summary of Board Rule Changes Including Addition to Rule 205, Increasing Pressure on Insurers to Authorize Medical Services within 5 Days

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 […]

Tuesday, August 8, 2017|

CMS Re-Review Now Available: A Way to Reduce Previously Approved MSAs

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 […]

Tuesday, August 8, 2017|

Medicare Set-Asides – Coming Soon to Personal Injury Cases

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 […]

Thursday, July 20, 2017|

Impact of New Willful Misconduct Ruling on Recovery of Workers’ Compensation Benefits

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 […]

Wednesday, June 14, 2017|

Is an Injury Compensable When it Happened on a Personal Errand? Maybe – If You’re a Continuous Employee

by Vincent A. Toreno, Esq.

Although the general rule is that an injury sustained while an employee is going to and from work does not arise out of and in the course of the employment, there is an exception to this rule, known as the “continuous employment doctrine.” This doctrine provides broader workers’ compensation coverage to […]

Tuesday, April 11, 2017|