Atkins David LLC

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So far Atkins David LLC has created 251 blog entries.

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|

Is now the time to re-do that expensive MSA? Recent availability of generics to replace expensive drugs could mean big reductions

By Sarah Hegener Anglin, Esq.

It is no secret that costly Medicare Set-Asides (MSAs) can be an obstacle when settling a workers’ compensation claim. Prescription drugs are almost always the main cost driver of a claimant’s MSA, especially when brand name medications are being prescribed. One of the most effective ways to minimize the […]

Tuesday, August 13, 2019|

Atkins David welcomes our new Associate Kristi Oakes!

Kristi received her law degree from Mercer Law School, where she also received
a certificate in Advanced Legal Writing, Research, and Drafting. At Mercer, she
also received two CALI Excellence for the Future Awards, given to the highest
scoring student in a law school class. During law school, Kristi served as
president of the Joshua’s Wish Committee, served as […]

Tuesday, August 13, 2019|

A Short and Quick Guide to Crisis Management

The time to think about managing a workplace crisis is now. Crises can occur in any business at any time. When tragedy strikes, you must be ready to respond. Quick action will minimize the negative impact of a crisis and prevents the snowball effect. This is no substitute for a comprehensive crisis management plan, but […]

Tuesday, July 9, 2019|

Attorney-Client Privilege in Crisis Situations

By: Tyler Jones, Esq.

When crisis hits, there is little time to consider the implications of every minor maneuver, communication, and decision that is made in what is likely a more than usually chaotic situation. While the immediate focus after a crisis situation occurs is the immediate physical reaction such as providing medical treatment, notifying emergency […]

Tuesday, July 9, 2019|

TTD/TPD Rates to Increase Effective July 1, 2019

By: Wesley R. Moore,
Esq.

Effective
July 1, 2019, the cap on Georgia workers’ compensation benefits will see one of
the largest increases over the past 20 years. The maximum Temporary Total
Disability rate will increase from $575 to $675, while the maximum Temporary
Partial Disability rate will increase from $383 to $450. Additionally, both Permanent
Partial Disability and death benefits […]

Tuesday, April 9, 2019|

Stip Review: what is Hartman language and why is it included in settlement documents?

By: Wesley R. Moore,
Esq.

Each
time a claim settles, the “stip,” or stipulation and agreement, must be
executed by both the claimant and employer/insurer and submitted to the State
Board of Workers’ Compensation for approval. Whether the settlement is on a
liability or no-liability basis, stips always include “Hartman language”, which
is a provision that references the payment of Social […]

Tuesday, April 9, 2019|

Statute of Limitations on “All Issues” vs. “Change of Condition” Claims: when and what you can deny if the claimant has not treated or received benefits in a long time

By: Wesley R. Moore, Esq.

When a claimant has waited one year or more in between receiving medical treatment for an occupational injury, it can be confusing to figure out whether the employer/insurer can deny further treatment based on the statute of limitations and if so, determining which statute of limitations would apply. It is […]

Tuesday, April 9, 2019|

Taking Credit: How to Reduce the Benefits You Owe

By: Jarvis B. Läkemäker, Esq.

A quick reminder that you can use WC-243 to reduce or eliminate your TTD exposure if an employee receives other post accident benefits. a. Unemployment – you get a dollar for dollar credit if a claimant is awarded unemployment. File the WC-243 showing a full 100% […]

Friday, February 22, 2019|
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