Horseplay or Not Horseplay: That is the Question
Written by: James G. Smith, Esq. Recently, I came across an interesting hypothetical scenario in which “horseplay” could have been asserted as a defense. The hypothetical is as follows: An employee arrives at work in the morning and parks h
The Neverending (Catastrophic) Story: Catastrophic Claimants and the O.C.G.A. §34-9-104 Statute of Limitation
The Georgia Court of Appeals recently issued an opinion that could significantly impact indemnity exposure where a claim is (or has been) accepted as catastrophic. In Barnes v. Roseburg Forest Products Co., Case Number A15A0405 decided July 16,
Navigational Tips for the Legislative Changes and “240 Process”
A misunderstood area of workers’ compensation defense exists in the notorious “240 process.” As we often see, an employee’s Facebook pictures, or perhaps his comments to a physical therapist, may be inconsistent with his complaints to th
Compound Medications Covered by the Georgia Fee Schedule
The Georgia Workers’ Compensation Medical Fee Schedule serves to establish maximum fee amounts and uniform payment guidelines for reimbursement to medical providers for their treatment of injured employees. This is not likely to be a surprise,
Legislative Changes to the Georgia Workers’ Compensation effective July 1, 2015
As you may know the Georgia Legislature meets during the first quarter of each year. Every couple of years they will make revisions to our laws in an effort to keep up with the times and to react to issues we all face in the actual practice of a
Workers’ Compensation and Initial Authorized Medical Treatment in the Southeast
Aside from emergency medical treatment that may be required for a worker injured on the job, states in the southeast (SC, NC, AL, TN, FL, GA, MS and LA) have different rules regarding the initial authorized medical treatment for injured workers.
Communication within the Workers’ Compensation System
Communication is one of the most important aspects of a well-managed, successful workers’ compensation program. It is extremely important to establish good relationships with supervisors, employees, and medical providers both prior to and afte
Distinguishing Between Fictional New Accidents, Changes In Condition, And Super-Added Injuries
A recent decision from the Georgia Court of Appeals, ABF Freight Systems v. Presley, 330 Ga. App. 885 (2015), illustrates how difficult it can sometimes be to distinguish between fictional new accidents, changes in condition, and super-added in
Early Return to Work Program
Why Do I Need A Restricted Duty Job Program? Best Practices 1. Return injured employees to meaningful employment. 2. Utilize employees’ work skills during their period of partial disability. 3. Maintain a good employee attitude by providing me
Medical Marijuana: An Inevitability in Georgia Workers’ Compensation Claims?
Georgia law is clear that in the event that an injury is deemed compensable, the employer must provide the injured worker with medical treatment which is prescribed by a licensed physician, and which “shall be reasonably required and appear li