Georgia Workers’ Compensation Law – Changes Effective July 1, 2023
Several new changes to the Georgia Workers’ Compensation Act and the State Board of Worker’s Compensation Rules went into effect for dates of accident as of July 1, 2023.
O.C.G.A. §34-9-261 and 262 – TTD and […]
Investigating Workers’ Comp Claims Remotely
By Ronald Hilley II, Esq.
For employers, with social distancing and more specifically co-workers who no longer work physically in the same location, investigating claims will be different. Of course, adjusters always have (with a […]
Civil Litigation in the Age of Social Distancing
By Alain Fernandez, Esq. The COVID-19 pandemic has presented novel challenges to civil litigation practice. Georgia state and federal courts continue to balance public health considerations and the administration of justice. Courts have implemented social […]
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. […]
Liability of Emergency Management Workers in Health Care
On April 8, 2020, Governor Brian Kemp issued an Executive Order designating employees, staff, and contractors of health care institutions and medical facilities as emergency management workers. While these employees are engaged in emergency management activities […]
Telemedicine – Current law, Expectations for the future
The Georgia Telehealth Act was enacted in 2005 at O.C.G.A. § 33-24-56.4. The statute enabled the practice of “telemedicine,” the delivery of clinical health care services by means of real time two-way audio, visual, or […]
Quick Reference to Telemedicine Guidelines in the Georgia Workers’ Compensation Medical Fee Schedule
Effective April 1, 2020, the Georgia State Board of Workers’
Compensation (SBWC) is providing guidance for the provision of select services
via telemedicine during the COVID-19 pandemic. The national and state health
guidelines for limiting COVID-19 exposure recommend […]
The Headache of Unpaid Medical Bills: responsibility for proper documentation falls to the claimant and the medical provider, not the insurer
By Chad McDonald, Esq. Insurance adjusters constantly receive medical bills from claimants and their attorneys demanding that payment be made to clear up a balance. These bills are usually in the form of a […]
Passing the Drug Test when the Employee Doesn’t: What is needed for Employers/Insurers to effectively use the Intoxication Defense
By Chad McDonald, Esq.
When an injured worker fails a drug screen after a work-place accident, the
employer and insurer rightly want to deny the claim. However, to
[…]
The Walking Dead
By: Sarah G. Hegener
This week, a Georgia jury began
hearing arguments and testimony in a wrongful death suit filed by the family of
a stunt actor who died on the set of AMC television series, The Walking […]
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 […]
Determining Whether an Injured Employee is Malingering by Getting a Psychiatric IME
By: Ron L Hilley II
Employers and insurers often deal with claims in which it seems
the injured employee is exaggerating his or her symptoms, particularly when
there is no objective testing that can explain the levels of […]
Recent Appellate Division Decisions
By: Chad McDonald
As in years past, one of the most informative discussions at the seminar addressed recent Appellate Division cases. This year’s panel was led by Judge Terry Chastain, Director of the State Board […]
PMTs Not Just for Claimants Anymore Employers/Insurers Can Now Request PMT Calls When Claimants Are Non-Compliant with Medical Treatment
By: Kristi Oakes, Esq
One of the biggest news items to come out of
this year’s seminar is the recent expansion of the Petition for Medical
Treatment (PMT) process to allow employers/insurers to petition the Board for a
call […]
Suicide Prevention as Preventative Workplace Crisis Management and Impact on Workers’ Compensation
By: Jarvis B. Läkemäker
Workplace
crises management is as much about preparation and prevention than about the
immediate reactive steps taken following a crisis. One of the areas where developing
a crisis plan can be most beneficial is at […]
Resignation as a pre-condition to settlement: Is the employee still entitled to Unemployment Benefits?
By Sarah Hegener Anglin, Esq.
Most employers require employees to agree to resignation before beginning settlement negotiations. A question arises as to whether the employee, who has voluntarily resigned, is subsequently entitled to draw unemployment […]
Active Shooter Situations and Workers’ Comp Implications
By Tyler Jones, Esq.
It is an unfortunate reality that employers are increasingly having to face
workers’ comp issues after a shooting in the workplace. Georgia law
– developed through cases and not statute – addresses these matters […]
