Atkins David LLC

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So far Atkins David LLC has created 259 blog entries.

The Headache of Unpaid Medical Bills: responsibility for proper documentation falls to the claimant and the medical provider, not the insurer

By Chad McDonald, Esq. Insurance adjusters constantly receive medical bills from claimants and their attorneys demanding that payment be made to clear up a balance.  These bills are usually in the form of a statement sent to the claimant by the medical provider. This can be an important issue since Board Rule 203 prescribes […]

Thursday, February 27, 2020|

Georgia Sees Sharp Increase in Jury Verdicts

By Alain Fernandez, Esq.   Georgia […]

Thursday, February 27, 2020|

Passing the Drug Test when the Employee Doesn’t: What is needed for Employers/Insurers to effectively use the Intoxication Defense

By Chad McDonald, Esq.
 
When an injured worker fails a drug screen after a work-place accident, the
employer and insurer rightly want to deny the claim.  However, to
effectively assert the “Intoxication defense,” employers and insurers should
be aware of several requirements, which include the method and […]

Thursday, February 27, 2020|

The Walking Dead

By: Kristi Oakes

This week, a Georgia jury began
hearing arguments and testimony in a wrongful death suit filed by the family of
a stunt actor who died on the set of AMC television series, The Walking Dead. John Bernecker died
two years ago after falling more than 20 feet while performing stunts for the
show. Bernecker’s family named production […]

Monday, December 16, 2019|

Atkins David End of Year Newsletter

State of Workers’ Comp in Georgia: Increase to income benefits and our thoughts on the PMT 

The workers’ comp system remains stable.  However, this past year saw the biggest increase in the max weekly comp rate ever from $575 to $675.  It may take more time to see the full  impact of this change.  Additionally, […]

Thursday, December 12, 2019|

Determining Whether an Injured Employee is Malingering by Getting a Psychiatric IME

By: Ron L Hilley II

Employers and insurers often deal with claims in which it seems
the injured employee is exaggerating his or her symptoms, particularly when
there is no objective testing that can explain the levels of reported
pain.  At this year’s workers’ compensation seminar, psychiatrist Dr.
Matthew Norman discussed the difference between the medical terms “malingering”
and “conversion” within […]

Tuesday, October 29, 2019|

Recent Appellate Division Decisions

By: Chad McDonald

As in years past, one of the most informative discussions at the seminar addressed recent Appellate Division cases. This year’s panel was led by Judge Terry Chastain, Director of the State Board of Workers’ Compensation.  Noteworthy cases featured below touched on issues of the ingress/egress rule, injuries which occur during pre-employment physicals, […]

Tuesday, October 29, 2019|

Suicide Prevention as Preventative Workplace Crisis Management and Impact on Workers’ Compensation

By: Jarvis B. Läkemäker

Workplace
crises management is as much about preparation and prevention than about the
immediate reactive steps taken following a crisis. One of the areas where developing
a crisis plan can be most beneficial is at the intersection of workers’ compensation
and employee mental health.  

A
2012 study conducted by researchers with the Centers for Disease Control and
Prevention, […]

Thursday, August 29, 2019|

Resignation as a pre-condition to settlement: Is the employee still entitled to Unemployment Benefits?

By Sarah Hegener Anglin, Esq.

Most employers require employees to agree to resignation before beginning settlement negotiations. A question arises as to whether the employee, who has voluntarily resigned, is subsequently entitled to draw unemployment benefits. In Georgia, an employee is disqualified from receiving unemployment benefits if he voluntarily resigned from his employment without “good cause”. […]

Tuesday, August 13, 2019|

Active Shooter Situations and Workers’ Comp Implications

By Tyler Jones, Esq.
 
It is an unfortunate reality that employers are increasingly having to face
workers’ comp issues after a shooting in the workplace.   Georgia law
– developed through cases and not statute  – addresses these matters in
ways that are different than many states.
 

 Who is the aggressor?    If the shooter is […]

Tuesday, August 13, 2019|
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