Articles

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|

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|

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|
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