Workers’ Compensation Law

Investigating Workers’ Comp Claims Remotely

By Ronald Hilley II, Esq.

  For employers, with social distancing and more specifically co-workers who no longer work physically in the same location, investigating claims will be different.    Of course, adjusters always have (with a few exceptions) investigated claims by phone or email.  Even for employers, HR offices are not always in the same location.  […]

Tuesday, June 9, 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|

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|

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|
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