Kenneth A. David

Calculating Death Benefits

by Kenneth A. David, Esq.

Few areas are more complex in workers’ comp than calculating exposure in a death claim. One challenge is that the law is in two diffident statutes, one at the beginning of the Code (O.C.G.A. § 34-9-13) and one near the end (O.C.G.A. § 34-9-265). Here is the basic calculation, but we […]

Saturday, June 1, 2013|

Update on Exclusive Remedy

by Kenneth A. David, Esq.

Several recently reported cases in other states have addressed the extent that employers are protected by the exclusive remedy provision, which has shielded employers from claims for damages outside the workers’ comp system when there is a compensable workers’ comp claim. In Nebraska, a court held that OSHA violations based on […]

Saturday, June 1, 2013|

Workers’ Comp and Pro Football

by Kenneth A. David, Esq.

It would at first seem odd to think of professional athletes filing state workers’ comp claims, but they do. Many such claimants are not the superstars or even playing at the highest level in the NFL, but may be in other leagues where pay is not nearly as high and their […]

Saturday, December 1, 2012|

Fraud Form

by Kenneth A. David, Esq.

In workers’ comp, there is a form for almost anything. Not surprisingly, the Board just recently added another form – this one to report fraud. You can download the Fraud Report here. Although the form certainly makes it easier to report fraud, it does not make it any easier to prove […]

Saturday, December 1, 2012|

Quicker Turnaround Time for MSA Approvals

by Kenneth A. David, Esq.

Long delays in getting CMS approval of MSAs mean delays in settling and closing claims. In July, the new government contractor, Provider Resources, Inc, began reviewing MSAs. Their turnaround time has been less than 2 months on average. For those MSAs submitted before July 2012, the old contractor was still responsible […]

Saturday, December 1, 2012|

Verifying Insurance Coverage

by Kenneth A. David, Esq.

It is a rather regular occurrence that a claimant may file a claim against the wrong carrier (insurer) or TPA (servicing agent). What to do? First, it may or may not be the fault of the claimant’s attorney but the Board generally requires that the claimant’s attorney makes the correction. Employer, […]

Friday, June 1, 2012|

Narcotic Use in Workers’ Comp

by Kenneth A. David, Esq.

NCCI published an updated study last week with the following findings:

Per-claim narcotic costs have increased
There have been changes in which narcotics are most commonly used – the fall of Actiq and the rise of OxyContin
Narcotic use is concentrated among a small percentage of claimants
The narcotics consumed by the top 1 percent […]

Friday, June 1, 2012|

Local Claimants’ Attorney Marketing DVD to Prep Claimants for IMEs

by Kenneth A. David, Esq.

As reported in Business Insurance, an Atlanta claimants’ lawyer is president of a company selling a 3 set DVD whose stated goal is to inform claimants what to expect at an IME. The concern is that claimants are exaggerating their symptoms during IMEs to be taken seriously by the IME doctor, […]

Friday, June 1, 2012|

Subcontractors with Less Than 3 Employees

by Kenneth A. David, Esq.

Employers do not have to carry workers’ comp coverage if they have less than 3 employees. There have always been smaller subs used by general contractors; however, in a down economy, the size of many subs has shrunk and employees who are laid off are starting their own businesses. Also, subs […]

Thursday, December 1, 2011|

In a poor economy, if an injured worker is laid off for economic reasons, is the employee entitled to lost time benefits?

by Kenneth A. David, Esq.

There are fewer jobs now than 3 years ago, but there are likely even fewer jobs for injured workers. Recent reports have pointed out something that we all knew – if you are injured, your chances of finding work are diminished, even more so in a down economy. In the workers’ […]

Thursday, December 1, 2011|
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