Atkins David LLC

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So far Atkins David LLC has created 265 blog entries.

Compensability of the Coronavirus

Pursuant to Georgia’s current workers’ compensation law, whether a case of coronavirus will be compensable needs to be evaluated under Georgia’s “Occupational Disease” statute.  An occupational disease requires the following elements as outlined in O.C.G.A. § 34-9-280(2):

A direct causal connection between the conditions under which the work is performed and the disease;

The disease followed as […]

Friday, May 8, 2020|

Liability of Emergency Management Workers in Health Care

On April 8, 2020, Governor Brian Kemp issued an Executive Order designating employees, staff, and contractors of health care institutions and medical facilities as emergency management workers.   While these employees are engaged in emergency management activities during the current public health state of emergency, they will not be liable for death, personal injury, or property damage […]

Thursday, April 30, 2020|

Telemedicine – Current law, Expectations for the future

The Georgia Telehealth Act was enacted in 2005 at O.C.G.A. § 33-24-56.4.  The statute enabled the practice of “telemedicine,” the delivery of clinical health care services by means of real time two-way audio, visual, or other telecommunications or electronic communications. 

Due in large part to the COVID-19 outbreak, The State Board of Workers’ Compensation officially added […]

Wednesday, April 29, 2020|

Quick Reference to Telemedicine Guidelines in the Georgia Workers’ Compensation Medical Fee Schedule

Effective April 1, 2020, the Georgia State Board of Workers’
Compensation (SBWC) is providing guidance for the provision of select services
via telemedicine during the COVID-19 pandemic. The national and state health
guidelines for limiting COVID-19 exposure recommend social distancing and
avoiding all but essential public contact. Therefore, telemedicine is
encouraged as a way to protect injured workers and healthcare […]

Monday, April 27, 2020|

Exclusive Remedy and Subrogation in Georgia Workers’ Comp Law: Current Status

By Ben Young
 
During the 2020 legislative session, the Georgia General
[…]

Tuesday, April 14, 2020|

Contentious Tort Reform Efforts Tabled in Face of Strong Opposition

By Jarvis Lakemaker, Esq.In recent years, Georgia has seen jury verdicts reach […]

Tuesday, April 14, 2020|

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: Sarah G. Hegener

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 […]

Monday, December 16, 2019|
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