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Delayed Workers Compensation Hearing

By Ramos Law Firm / December 3, 2014 /

It is not uncommon for a hearing to be reset three or even four times depending on the complexity of the case.  However, the injured workers’ attorney will likely contest any continuances or resets if he or she believes the Employer or Insurance company is attempting to take advantage of the Claimant’s condition or is…

2014 Revised Board Rules and Forms

By Ramos Law Firm / July 31, 2014 / Comments Off on 2014 Revised Board Rules and Forms

On July 1, 2014, the State Board of Workers’ Compensation provided a modification of its Board Rules and Forms. The following is a summary of the changes: Rule 40 was amended to add the address of the new Gainesville office. Changes to Rule 61—Descriptions of Forms Form WC-20(a). This amendment provides that the new 1500…

What Now? Injured Employees Being Laid Off

By Ramos Law Firm / July 21, 2014 / Comments Off on What Now? Injured Employees Being Laid Off

Injured employees being laid off from Briggs & Stratton in McDonough, Georgia, may be entitled to workers’ compensation income benefits.  These workers will be classified in certain categories.  First, if injured Briggs & Stratton workers are “out of work” on “total disability” from a work-related accident or injury and they are receiving income benefits at…

Changing Physicians While on Workers’ Compensation

By Ramos Law Firm / July 16, 2014 / Comments Off on Changing Physicians While on Workers’ Compensation

Changing physicians while you are “under workers’ compensation” can be tricky.  O.C.G.A § 34-9-200(a) requires an employer to furnish the injured employee with medical treatment which “shall be reasonably required and appear likely to effect a cure, give relief, or restore the employee to suitable employment.” O.C.G.A. § 34-9-201(b)(1) allows the employer to satisfy that…

Have You Been Fired Because of Your Work Injury?

By Ramos Law Firm / June 12, 2014 / Comments Off on Have You Been Fired Because of Your Work Injury?

In many instances, the Employer will literally add insult to your work injury by firing you because of your work injury.  Unfortunately, the workers’ compensation law does not address the topics of “wrongful termination” or unjust firings.  The primary analysis the State Board considers is whether

Can I Be Terminated While on Workers’ Compensation?

By Ramos Law Firm / May 27, 2014 / Comments Off on Can I Be Terminated While on Workers’ Compensation?

Sadly, some employees are terminated while on workers’ compensation.  Businesses are created to make money.  Sometimes, businesses treat employees like a piece of equipment.  If the piece of equipment is broken or not functioning, some businesses will simply replace the piece of equipment and move on.  Similarly, some workers who get injured on the job…

Employer and Employee IME Basics for Georgia Workers’ Comp Claims

By Ramos Law Firm / February 3, 2014 /

What is an IME or Independent Medical Examination?  In many workers’ compensation cases, the injured worker, the employer, or insurance carrier may desire an “independent medical examination” (IME) or “second opinion.” This generally occurs when one of the parties is dissatisfied with the current physician’s diagnosis, prognosis, or care plan.     IME Under Georgia Workers’…

Medical treatment and panel choices

By Ramos Law Firm / January 20, 2014 / Comments Off on Medical treatment and panel choices

When an employee is injured on the job, the Employer is required to furnish them with medical benefits including surgical, hospital, and related care or items prescribed by a licensed physician.  These items may include

The Applicability Of Statutory Employment On Owner-Operator’s Employees

By Ramos Law Firm / January 14, 2014 / Comments Off on The Applicability Of Statutory Employment On Owner-Operator’s Employees

A threshold question in workers’ compensation is whether an “employment relationship” existed between the injured person and the employer. The burden is on the claimant to prove he or she was an employee at the time of the injury. Cash v. American Sur. Co., 101 Ga.App. 379 (1960). It is clear that the law favors…

The Good, The Bad, The Controverting: Definition and Claims

By Ramos Law Firm / January 14, 2014 /

What does controverted mean? Generally, the workers’ compensation defenses boil down to a few things:  The work accident did not happen or there is no insurance coverage; If the accident did happen, the injury was not severe; or the injured worker’s misconduct caused the injury; If the injured worker is disabled, the disability is not…