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Recently, Ramos Law Firm was successful in winning a case with this same issue. It has been accepted by the State Board that an employee does not need be in “perfect health” but rather the employer “takes the employee as it finds him or her.” Therefore, an aggravation of a pre-existing condition is
An attorney who handles personal injury cases recently asked me whether a widow of a worker who died on the job would be entitled to bring an action for her “loss of consortium” in state or superior court? Generally, a loss of consortium case arises when a spouse of an injured party is deprived of
In the tragic event that an employee dies in the course of his or her job, the State Board Of Workers’ Compensation will ask whether the deceased worker had any dependents who would be eligible to receive workers’ compensation
We’ve all seen the episode of our favorite law show where the parties are sitting in the courtroom and at the last minute, just before the Judge hands down his ruling, they reach an agreement. This makes for good T.V., but in reality that is not how it will play out in a workers’ compensation…
If you have been injured on the job, the treating physician has been selected for you by the workers’ compensation insurance company. It is not uncommon for these physicians to communicate with the
Generally, every Georgia Employer with 3 or more employees must carry workers’ compensation insurance. There are some exceptions
Georgia’s State Board of Workers’ Compensation released a “capsule look” at the 2010 financial information relating to workers’ compensation income and “medical only” benefits paid in 2010. The report was based on
In the unfortunate and tragic death caused by a work accident, the deceased employee’s spouse or children may be entitled to workers’ compensation benefits. O.C.G.A. § 34-9-13. There was an issue as to whether alien or foreign dependents were limited or excluded from these death benefits. The Workers’ Compensation Act (prior to 1995) made an…
What happens when an employee is hurt on the job, comes back, but then goes back out because of the work injury? The problem that presents is itself is whether the reason for the disability is a “change of condition” of the previous injury or a “fictional new date of accident”. The distinction can be…
Generally, no compensation is allowed for an injury or death due to an employee’s “willful misconduct.” O.C.G.A. §34-9-17. Moreover, if the injury or death of the employee is due to