Workers’ Compensation Law

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|

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|

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% credit for the weekly
unemployment check. Unemployment eligibility lasts […]

Friday, February 22, 2019|

File a WC-1 for all claims, even “medical only” effective January 1, 2019

By: Ken David, Esq.

Pursuant to Board requirements, effective January 1, 2019, Insurers/TPAs must file Form WC-1 on all claims, including all “medical only” claims. The Board will assess penalties for failure to timely file a WC-1 after January 1, 2019, pursuant to the provisions of O.C.G.A. §§ 34-9-12(a), 34-9-18 and Board […]

Thursday, December 20, 2018|

Settlements: A Review of the Basics

By: Ken David, Esq.

It is that time of year when you want to close your files and claimants want some holiday money. With that in mind, let’s review some core aspects of settlements.

There are two types of final settlement: Liability and No Liability. You can always structure a
settlement as […]

Thursday, December 20, 2018|

WC-1 Required in All Claims, even Medical Only; EDI and ICMS will be Updated for Filing

By: Nathaniel Hofman, Esq.

If you looked closely at hearing notices issued in the past few months, you may have noticed a warning to employers and insurers to file a WC-1 First Report of Injury within 21 days of the hearing notice to avoid penalties which may be assessed for failure to file. This warning on […]

Friday, September 7, 2018|

Hearing Notices Now Require WC-1 to be Filed

By: Emily Anderson, Esq.

The Board has recently added language to its standard Hearing Notice, requiring employers and/or insurers to file a WC-1 within 21 days of the date of the notice. Not having a WC-1 on file could not only impact the employer/insurer’s defenses, but an administrative law judge can now also impose civil […]

Friday, June 15, 2018|
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