See Articles Written by the Ramos Law Team About Benefits
The Georgia Court of Appeals recently handed down a decision in Clarke v. Country Home Bakers, 2008 WL 4603604 (2008), regarding whether a prisoner injured while working in a work release program was eligible for workers’ compensation benefits. The Court affirmed the decision of the lower courts in denying benefits. At issue was whether the…
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As of 07/01/07, the self-insured employers and the carriers in New York can no longer file claims for reimbursement with the Special Funds Conservation Committee under Section 15-8. In other words, for claims with dates of accident or dates of disablement of 07/01/07 or later,
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In North Carolina, the Industrial Commission disburses moneys from the Second Injury Fund. In order to qualify for compensation for a second injury, the original and the subsequent injury must be at least twenty percent (20%) of the entire body, and, the additional compensation cannot exceed
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In 2005, the Georgia State Legislature amended O.C.G.A 34-9-200.1 to include section (i). Pursuant to section (i), when a claimant has been deemed catastrophic, either by the employer or the State Board, it is possible to request new determination as to the catastrophic or non-catastrophic nature of the employee’s injury. The only requirement is that…
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In Georgia, as long as an employee is receiving compensation benefits, then he shall submit himself to examinations ordered by a qualified physician. Independent Medical Examinations (IME) are common in workers’ compensation cases. They give the employer or the Board a chance to determine
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Under Georgia workers compensation rules, an employee who gets injured on the job but continues to work should not be penalized. For example, an employee sustains a neck and back injury while on the job in 2001. The employee receives
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The answer to the question for claims that arose in July 2005 or later is simple. Yes. O.C.G.A. 34-9-200.1(i) was enacted in 2005 to provide a mechanism by which a the catastrophic status of an individual can be revisited if reasonable grounds exist to challenge the current status. The prerequisite
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O.C.G.A § 34-9-262 provides: “. . . where the disability to work resulting from the injury is partial in character to temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to 2/3 of the difference between the average weekly wage before the injury and the…
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According to O.C.G.A. § 34-9-221(i) “where compensation is being paid with or without an award and an employer or insurer elects to controvert on the grounds of a change in condition or newly discovered evidence, the employer shall, not later than 10 days prior to the due date of the first omitted payment of income…
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In general, the burden of proving an occupational disease is quite heavy. One must show that a disease was caused by the job and nothing else. If the disease
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