Kenneth A. David

Compensability of the Coronavirus

Pursuant to Georgia’s current workers’ compensation law, whether a case of coronavirus will be compensable needs to be evaluated under Georgia’s “Occupational Disease” statute.  An occupational disease requires the following elements as outlined in O.C.G.A. § 34-9-280(2):

A direct causal connection between the conditions under which the work is performed and the disease;

The disease followed as […]

Friday, May 8, 2020|

Atkins David End of Year Newsletter

State of Workers’ Comp in Georgia: Increase to income benefits and our thoughts on the PMT 

The workers’ comp system remains stable.  However, this past year saw the biggest increase in the max weekly comp rate ever from $575 to $675.  It may take more time to see the full  impact of this change.  Additionally, […]

Thursday, December 12, 2019|

Settlements: A Review of the Basics

By: Ken David, Esq.

It is that time of year when you want to close your files and claimants want some holiday money. With that in mind, let’s review some core aspects of settlements.

There are two types of final settlement: Liability and No Liability. You can always structure a
settlement as […]

Thursday, December 20, 2018|

Spinal Cord Stimulators: They may be worse than we even thought

By: Ken David, Esq.

We all know from experience that there is not a high success rate for spinal
cord stimulators in a workers’ comp claim, especially ones where there is
litigation. At KDA, Jennifer Smith and Jarvis Lakemaker have been studying this
issue and below are their thoughts on a recent AP study along with a link […]

Thursday, December 20, 2018|

Medicare Checklist, Updated: When is an MSA necessary? When is CMS approval required?

By: Ken David, Esq.

make something hard a little bit easier. We are still confronted with the
challenge of how to deal with Medicare’s interests in many of our settlements,
particularly six figure ones. Although it is certainly possible to write a book
on all the requirements and details of navigating the MSA system, here you will
find a […]

Thursday, December 20, 2018|

2017 – It’s been a great year

This year we celebrated KDA’s 10th anniversary. It is also my 25th year representing employer and insurers/TPAs in comp claims. We would not be able to do what we do without you, our clients. I don’t mean just the business you send us, which is much appreciated and keeps us going financially. It is more […]

Wednesday, December 13, 2017|

SSDI/Medicare Status – A Quick and Easy Way to Verify

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 […]

Friday, August 18, 2017|

Lunch Call Podcast #1: The WC-1

In less than 20 minutes, learn how to properly complete the First Report of Injury. Intended for employers and TPAs.

Tuesday, August 8, 2017|

Why Can’t I Close This Claim? Strategies for Taking Action on the Most Challenging Files

by Kenneth A. David, Esq.

It’s the end of the year and the same “old dog” file you have had for many years just won’t go away. It’s not for a lack of effort. No matter what you try, some claims seem to be stuck in neutral. You have a compensable claim, surgery has been done […]

Wednesday, December 14, 2016|

Practical Tips for a Successful “Light Duty” Return to Work

by Kenneth A. David, Esq.

We’ve all heard the statistics that returning injured employees back to work as soon as practical after a work injury can greatly reduce the overall cost of the claim, not to mention improve the overall outcome of the claim. But how do employers increase the odds that the return to work […]

Tuesday, August 9, 2016|