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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 Although they are not binding precedent, there is often a great deal of guidance to be gleaned from these discussions.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
Am I Considered an Employee for Purposes of Seeking Benefits?
Outside the field of workers’ compensation, people will loosely refer to an individual as an employee or independent contractor. However, in the field of workers’ compensation these titles are not interchangeable as the Georgia Workers’ Compensation Act distinguishes “employees” from “independent contractors.” An employee is
The SCHIP Extension Act – Changing How Insurers Do Business
Workers’ compensation insurers will have to change the way they do business, starting July 1, 2009. On this date, the SCHIP Extension Act of 2007 will take effect, forcing
What is Subrogation?
Essentially, subrogation is the assumption of legal rights of someone whose debts or expenses have been paid. The simplest example is when an employee is injured in a car accident with a third party. Assuming that the employee was not at fault and the accident arose out of and in the course of employment,
Benefits of Settling a Claim when the SITF is Involved…
Settlement may occur prior to OR following SITF acceptance of a claim. In the case where a claim is settled prior to SITF acceptance, SITF does not consider itself a party to the agreement and is not subject to its provisions. When settlement negotiations are initiated during the evaluation process, SITF must be notified by…
23 Presumptive Medical Conditions
In order for an employer/insured to be eligible for reimbursement from the Subsequent Injury Trust Fund, the employee’s subsequent injury must be directly caused by the prior impairment. The employer must show that this prior impairment was permanent and likely to be a hindrance to employment. Any pre-existing, permanent condition qualifies. The condition may be…
What Benefits May the Employee Receive?
Employees are potentially entitled to the Five Pillars of Workers’ Compensation: (i) Temporary Total Disability; (ii) Temporary Partial Disability; (iii) Permanent Partial Disability; (iv) Medical care / treatment; and (v) Rehabilitation care and counseling. Assuming the claim is compensable, the Employee may receive two-thirds of his average weekly wage, but not more than $500.00 for…
What are the Employer’s Rights and Duties?
Along with the shield against tort claims that arise out of and in the course of employment, Employers have the unique right of controlling who the injured Employee treats with after the accident. The Employer is required to post a list of physicians who the Employer has confidence will treat its Employee’s fairly. This list…
RLF Attorneys Attend Advanced WC Institute In St. Simons
Bryan Ramos, James Timmons, Adriana Sola Capifali and Julia Lindsey participated in the annual Advanced Workers’ Compensation Institute in St. Simons Island, Georgia. The Institute’s meetings were held from October 2 through October 4. During this time, one topic discussed was
What is Considered a Workers’ Comp Injury?
The law provides that an “injury by accident arising out of and in the course of employment” shall be considered a workers’ compensation injury. O.C.G.A. § 34-9-1(4). Hence, the Employee must show that she suffered an (i) injury by accident; that (ii) arose out of employment; AND was (iii) in the course of employment. To…
Who is Required to Have Workers’ Compensation?
Employers are required to provide prompt medical and disability benefits to Employees for injuries sustained on the job, resulting in partial or total incapacity or death. Every employer, individual, firm, association, or corporation, regularly employing three (3) or more persons, part-time or full-time, shall provide workers’ compensation insurance coverage. Employers subject to the workers’ compensation…
Who, What, and How will the Georgia SITF reimburse me?
Any insurance company licensed in Georgia to issue workers’ compensation policies or self-insured employer authorized by the State Board of Workers’ Compensation is eligible to file a claim for potential reimbursement from the Subsequent Injury Trust Fund. The employer/insurer should forward a letter to the fund stating a desire to actively pursue the claim. The…
Do I Have to Go to My Appointment?
The Workers’ Compensation Act provides that an employer must provide medical care to an injured worker which is likely to “effect a cure, give relief, or restore the employee to suitable employment.” O.C.G.A. 34-9-200(a). While providing medical benefits to the employee for a work-related injury, the employer may request examinations for the employee “at reasonable…
Can I Afford An Attorney to Represent Me in My WC Claim?
Many injured workers are concerned about how their attorney will get paid. In the field of workers’ compensation, claimant’s attorneys are generally paid on a contingency basis. The contingency fee structure ensures that injured workers, who do not have money to retain an attorney at the inception of a claim, are able to obtain legal…
What is the Subsequent Injury Trust Fund?
The Subsequent Injury Trust Fund was enacted in 1977 to reduce the impact of singularly-large-workers’ compensation claims in the event a worker with a disability, injured on the job, aggravates a pre-existing impairment. The fund helps workers with disabilities by providing employers, who are not subject to the American’s with Disabilities Act, with the incentives…
Everyone Has the Right to Vote
Everyone has the right to vote and RLF’s associates are aiding the cause. That is the motto of the Election Protection coalition and an idea that all Americans can support. The nonpartisan Election Protection coalition is made up of more than 100 local, state, and national partners who work to ensure that all voters have…
Systems to Increase Productivity
In August of 2007, Mrs. Gail Bailey was a presenter at the Organization and Time Management Strategies for Paralegals seminar
What is the workers’ compensation “panel of physicians”?
A Panel of Physicians is the Employer/Insurer’s pre-approved list of doctors for workers’ compensation injuries. Georgia Law O.C.G.A. § 34-9-200 requires an employer to maintain a list, or panel, of six (6) different physicians, professional associations or corporations of physicians that an employee must select from to treat his on-the-job injury. At least one of…
What medical benefits must a company provide to be compliant with Georgia Workers’ Compensation Law?
Georgia law requires an employer to maintain a list or panel of six (6) different physicians, professional associations or corporations of physicians that an employee must select from to treat his on the job injury. Georgia law requires that one of the six physicians must be an orthopedic surgeon who specializes with hand and upper…