By: Ann Bishop, Esq. Here is a copy of Senate Bill 135 which passed and was signed into law by Governor Kemp and which went into effect on Monday, July 1, 2019.  The amendments made some changes to the office of Director Emeritus of the State Board of Workers' Compensation and to the position of Administrative Law Judge Emeritus. However, the primary changes of concern to you are the changes

Written by: Rayford Taylor, Esq. Teresita DeJesus Abreu v. Riverland Elementary School and Broward County School Board, So.3d (Fla. 1st DCA June 18, 2019). In 2015, the Claimant injured her shoulder while at work.  The Employer/Carrier accepted compensability of the accident and authorized treatment.  The treating doctor performed an arthroscopic shoulder surgery to address a partial rotator cuff tear.  Soon thereafter, the Claimant requested an alternate orthopedic physician.  That doctor placed

Written by: Denise Dawson, Esq. There are two versions of a comprehensive workers’ compensation bill working their way through the legislature in Tallahassee, FL. The House version of the bill, House Bill 1399, has seen some movement in recent weeks, however, the Senate version, Senate Bill 1636, seems to have lost momentum and a decision on its future was temporarily postponed on April 1. Reinstating workers’ compensation fee caps

By: Meredith Knight, Esq. At this point, we all know social media is an excellent tool to use when researching the activities of claimants, and a number of our recent posts have encouraged the use of electronic and social media to advance our defense of workers' compensation claims. This post similarly encourages us to take advantage of easily available information in our local economy. It is inspired by a

By: Rayford Taylor, Esq. On February 26, 2019, The Georgia Court of Appeals in Daniel v. Bremen-Bowdon Investment Co. ruled that an employee injured while on a regularly scheduled lunch break is not entitled to workers' compensation benefits under the ingress and egress rule. At the time of the incident, Ms. Daniel was employed as a seamstress with the employer. Ms. Daniel parked in a lot owned by the

Written by: Daniel Richardson, Esq. Rochelle Frett worked as a claims associate for State Farm. Each workday she had a mandatory unpaid 45-minute lunch break. During her lunch break she was free to do as she pleased, including leaving the office for lunch. She was not expected or asked to do any work on her lunch break. Her habit was to go the breakroom, prepare her food, then go outside

y: James G. Smith, Esq. Effective January 1, 2019, the Georgia State Board of Workers’ Compensation will begin actively enforcing the requirement to timely file a Form WC-1 in all claims, including those deemed “medical only.”  Although Board Rules already require that a WC-1 must be filed and provided to the employee within 21 days of the date of injury or the date of the Employer’s knowledge of disability, the

Written by: Rayford Taylor, Esq. LINGO V. EARLY COUNTY GIN, INC. GEORGIA COURT OF APPEALS EMPLOYER WAS NOT ENTITLED TO STATUTORY PRESUMPTION CONCERNING DRUG USE Analysis An employer which seeks to use the statutory presumption that a workplace accident was caused by drug use must strictly comply with the statutory requirements. If not done properly, the presumption cannot be used to defend or defeat a workers’ compensation claim. Facts In this case, a faulty chain of

Written by: Byron Lindberg Several revisions to the Claims Handling Standards (0800-2-14) went into effect, on August 2, 2018, with new rules ranging from a requirement that adjusting entities designate a liaison between the entity and the Bureau of Workers’ Compensation to new regulations governing contact/interaction with injured employees. Some of the revisions to be especially aware of include: 0800-2-14-.03(2) Each adjuster agency must designate at least one liaison between the entity

Written by: Rayford Taylor, Esq. Analysis Plaintiffs seeking damages from employers or co-employees allegedly arising from the negligence in a workplace accident must properly plead and prove facts which support intentional or grossly negligent conduct to defeat workers’ compensation immunity. Facts Mr. and Mrs. Ramsay, as personal representatives of their son’s estate, sued the employer and a co-employee for the death of their son, Randy. The trial court ruled that workers’ compensation immunity