Kenneth A. David

December 2015 Update

As we end another year and get ready for 2016, we thought it would be helpful to review a few pro-active steps employers can take in Georgia to reduce the cost of your workers’ comp claims:

1. The post offer medical questionnaire: This form is completed after you offer an employee a job but before […]

Tuesday, December 8, 2015|

Resources for You

by Kenneth A. David, Esq.

We have several workers’ comp tools for you:

Directory of Doctors in GA: Go to our webpage atatkinsdavid.com and use the Doctor Search function. Use the fields to narrow your search by specialty and location. If you want more information on any doctor, contact attorney Jennifer Smith at Jennifer.Smith@atkinsdavid.com or 404-446-4481.

Regional Panels: […]

Monday, December 1, 2014|

When Do You Need to Hire a Lawyer?

by Kenneth A. David, Esq.

No, the point of this question is not to drum up more business. However, there are a couple of considerations here to both protect your company and to get the best result. If a claimant requests a hearing, you should retain a lawyer. Board Rule 102(B)2 requires you to hire a […]

Monday, December 1, 2014|

Is the Claimant an Employee under Georgia Law? Independent Contractor? Intern?

by Kenneth A. David, Esq.

In today’s changing economy, it is not always clear if a claimant is actually an employee under Georgia workers’ comp law. Two important aspects of this issue are:

1) Only employees fall within the workers’ comp system – independent contractors and interns do not; and

2) The definition of “employee” is not the […]

Monday, December 1, 2014|

Challenges with Temporary and New Employees

by Kenneth A. David, Esq.

Accidents can happen anytime in an employee’s employment, but it is not surprising to us to see an accident in the first few days or weeks of employment. Certainly, some of these claims may be the result of an employee becoming disillusioned with the job when he believes the job he […]

Sunday, June 1, 2014|

IME Costs

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 […]

Sunday, June 1, 2014|

Surveillance – Is it worth it and when to do it

by Kenneth A. David, Esq.

You can spend $1500-$2500 for 2-3 days of surveillance and end up with nothing. However, the key to evaluating whether surveillance is worthwhile is to be able to articulate in specific detail before you make the assignment why you are doing it. Gut feelings rarely are a reason to hire an […]

Sunday, June 1, 2014|

Life Expectancy Increases Lead to Potential Medicare Set Aside Increases

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. […]

Saturday, February 1, 2014|

Autopsies in Workers’ Comp Claims

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 […]

Sunday, December 1, 2013|

Exclusive Remedy Protection Remains Strong in Georgia

by Kenneth A. David, Esq.

The exclusive remedy protection for employers remains strong in Georgia. Employees cannot sue their employers in civil court for damages; the “exclusive remedy” is the workers’ comp system. This concept was recently affirmed in the Georgia Court of Appeals case of Dawson v. Wal-Mart (decided 11/12/13). A Wal-Mart employee was in […]

Sunday, December 1, 2013|
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