Workers’ Compensation Law

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|

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|

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|
css.php