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King Day: A Day On, Not A Day Off for the Ramos Law Firm
On January 19th, four members of the Ramos Law Firm joined the Georgia Association of Black Women Attorneys (GABWA) in a volunteer project at the Mary Hall Freedom House.
Recent Court of Appeals Decision – Death Benefits
The Court of Appeals recently published its decision in Sherman Concrete Pipe Co. v. Chinn, 283 Ga. 468 (2008). Although limited in its application, it is an excellent
Why Can’t I Recover for Pain and Suffering?
One of the questions we hear all the time is why a claimant cannot recover for their pain and suffering. The Workers’ Compensation Act provides a number of important benefits to the injured employee but does not allow for pain and suffering. It can provide income benefits
Appellate Division defines “litigation expenses and fees”
In an appeal before the Workers Compensation Appellate Division, an employee argued that an ALJ erred in assessing paralegal expenses as a litigation cost. Pursuant to O.C.G.A. § 34-9-108(b)(4),
Legal Administration and Technology
On January 16, 2009, Gail Bailey presented Legal Administration and Technology at the Law Office Management for the Paralegal seminar offered by Institute for Paralegal Education. This was telecast via the web so attendees were not only in Atlanta but nationwide.
General Law Office Administration
On January 16, 2009 Gail Bailey presented at the Law Office Management for the Paralegal seminar offered through the Institute for Paralegal Education. At the seminar,
Why Hernias can Present Obstacles for Recovery
While it may not seem to make any sense, the Georgia Legislature has created a five part test in order to recover for hernia injuries. All prongs of this test must be met in order for a hernia to be deemed compensable
Workers’ Compensation Coverage for Partners & Sole Proprietors
Company stakeholders, such as partners and sole proprietors, may reap financial and other special benefits from the companies they work for but they are disadvantaged when it comes to Workers’ Compensation coverage. Georgia law treats these types of workers directly opposite from corporate executives. The law presumes
Unprecedented growth Contributes to Closing of Georgia SITF
The unprecedented growth of the Georgia SITF over the past few years reportedly indicates growth of a substantial unfunded liability. These ever-rising liabilities, coupled with incentives to submit cases into the Fund and increasing assessments, have been a recipe for financial disaster that the Georgia Legislature has now addressed.
Are expenses incurred prior to 2003 reimbursable?
The 2003 amendment to O.C.G.A. § 34-9-203, effective July 1, 2003, added paragraph (c)(4), imposing a one year limitation period on the filing of reimbursement claims. While this amendment imposed a one year filing limitation
Workers’ Compensation Settlement and Medicare Set-Asides
Developing a Medicare Set-Aside makes it easy for insurers to consider Medicare’s interests during workers’ compensation negotiations. Federal law requires that employers, group health plans, and insurance companies, consider the Centers for Medicare and Medicaid Services’ (CMS) interests during the settlement of workers’ compensation claims. There are several ways the parties may consider CMS’s interests
Workers’ Compensation Coverage for Corporate Officers
High atop the corporate ladder sits the corporate executives who survey their company’s landscape and strive to make decisions that will positively affect the business’ future. But, what happens when one of these corporate executives falls from a ladder or slips on a banana in the break room and injures herself?
Subrogation – Fact or Fiction?
O.C.G.A. 34-9-11.1(b) provides that when an employee has a cause of action against a third-party tortfeasor in a work-related accident and the employer has paid
What is a Workers’ Compensation Deposition?
A workers’ compensation deposition is the taking and recording of testimony of a witness under oath before a court reporter in a place away from the courtroom before trial. This is a very
Is there a statute of limitations for filing a workers comp claim?
An injured worker must give the employer notice within 30 days of the accident. O.C.G.A. § 34-9-80. Actual notice or written notice is also sufficient. Additionally, the injured worker has one (1) year from the date of injury or last remedial medical treatment to file his or her notice of claim with the State Board.…
Kids’ Chance Raises Money for Children of Injured Workers
Kids’ Chance, Inc. is a nonprofit corporation originally developed by the Workers’ Compensation Section of the State Bar of Georgia, in association with insurers, employers, attorneys, labor, medical, and rehabilitation groups. The purpose of Kids’ Chance, Inc. is to provide financial scholarships for children of permanently or catastrophically injured or deceased workers to complete their…
Help Me, Help You! – A Primer on Working with an Attorney
Sustaining an injury at work can be a terrifying and confusing experience. Seeking medical treatment and ultimately paying for treatment only adds to the fear and confusion. Federal and Georgia law tries to minimize the fear and confusion through its Workers’ Compensation regulations. These government entities primarily developed their regulations
What is an Orthopedic Specialist?
The State Board of Workers’ Compensation requires that an employer have at least one panel physician who specializes in orthopaedic surgery. Many injured employees are puzzled at exactly what that means. Orthopaedics is a branch of medicine that addresses the prevention or correction of injuries or disorders of the skeletal system and associated muscles, joints,…
Recent Appellate Division Decisions – Panel of Physicians
Every year at the Workers’ Compensation seminar, there is a discussion of recent Appellate Division decisions. Although they are not binding precedent, there is often a great deal of guidance to be gleaned from these discussions. One recent decision from the Appellate Division was with regard to the employer’s duty to maintain a posted panel…
If Injured on My Way to Work, Can I File a Workers’ Comp Claim?
An injury that occurs on the employer’s premises is usually considered to arise in the course of employment. When an employee is injured on the employer’s premises or property controlled and/or maintained by the employer on their way to or from work, the accident is considered to