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
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
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
Exclusive Remedy and Subrogation in Georgia Workers’ Comp Law: Current Status
By Ben Young During the 2020 legislative session, the Georgia General Assembly considered significant tort reform. Although legislators ultimately decided not to pass reform this term, proposals will likely return in future sessions. Georgia’s
Contentious Tort Reform Efforts Tabled in Face of Strong Opposition
By Jarvis Lakemaker, Esq.In recent years, Georgia has seen jury verdicts reach astronomical amounts. Sometimes called nuclear verdicts, the amounts awarded in premises liability, medical malpractice and trucking cases are sometimes many multiples of what
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 statement
Georgia Sees Sharp Increase in Jury Verdicts
By Alain Fernandez, Esq. Georgia has seen a marked spike in “nuclear verdicts,” or verdicts in which a jury awards in excess of $10 million. This growing trend in Georgia and other parts of
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 effectively assert the “Intoxication defense,” employers
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
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
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
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
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