See Articles Written by the Ramos Law Team About Benefits

Second Injury Fund in North Carolina Still Active

By Ramos Law Firm / February 27, 2009 / Comments Off on Second Injury Fund in North Carolina Still Active

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

Catastrophic Does not Necessarily Mean Forever

By Ramos Law Firm / February 26, 2009 / Comments Off on Catastrophic Does not Necessarily Mean Forever

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…

An IME Physician May Request Patient Undergo More Testing

By Ramos Law Firm / February 25, 2009 / Comments Off on An IME Physician May Request Patient Undergo More Testing

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

Can Catastrophic Designation be Removed?

By Ramos Law Firm / February 15, 2009 / Comments Off on Can Catastrophic Designation be Removed?

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

TPD Rates are not Automatic

By Ramos Law Firm / February 14, 2009 / Comments Off on TPD Rates are not Automatic

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…

Employer Must Provide 10 Days Notice Before Suspending Indemnity Benefits

By Ramos Law Firm / February 6, 2009 / Comments Off on Employer Must Provide 10 Days Notice Before Suspending Indemnity Benefits

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…

Playing the Percentages – Apportionment of Occupational Disease Claims

By Ramos Law Firm / January 29, 2009 / Comments Off on Playing the Percentages – Apportionment of Occupational Disease Claims

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

Why Can’t I Recover for Pain and Suffering?

By Ramos Law Firm / January 22, 2009 / Comments Off on 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

Why Hernias can Present Obstacles for Recovery

By Ramos Law Firm / January 15, 2009 / Comments Off on 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

By Ramos Law Firm / January 11, 2009 / Comments Off on 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