Articles

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|

PMTs Not Just for Claimants Anymore Employers/Insurers Can Now Request PMT Calls When Claimants Are Non-Compliant with Medical Treatment

By: Kristi Oakes, Esq

One of the biggest news items to come out of
this year’s seminar is the recent expansion of the Petition for Medical
Treatment (PMT) process to allow employers/insurers to petition the Board for a
call with an Administrative Law Judge (ALJ) when an employee fails to attend
appointments with an authorized treating physician.  
Effective September 1, 2019, […]

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|

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|

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|
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