The Ingress/Egress Rule and the Recent Bonner-Hill v. Southland Waste Systems Case
The general rule is that an injury that occurs when an employee is traveling to or from work is not compensable because the injury does not arise out of or in the course of employment. Mayor & Aldermen of Savannah v. Stevens, 278 Ga. App. 1
Spider Bite Myths
An employee reports to his supervisor that he has a swollen, round skin lesion on his knee. It must be a spider bite, right? Not so fast. An increasing body of research has revealed in recent years that spider bites are often misdiagnosed, espec
It’s All Fun and Games Until Someone Gets Hurt: The Compensability of Recreational and Social Accidents in Georgia
A South Carolina case recently made national headlines when the S.C. Supreme Court ruled that an employee who was injured in a company kickball game was entitled to workers’ compensation benefits. Stephen Whigham, an employee at a public relat
Court of Appeals Provides Clarity to Idiopathic Injury Cases
The Court of Appeals has recently issued its decision in Chambers v. Monroe County Board of Commissioners, 2014 Ga. App. LEXIS 551 (2014), providing some clarity in the murky area surrounding idiopathic injuries. The claimant in Chamberswas a
Medicaid’s Right to Recovery in Workers’ Compensation Claims
While employers and insurers are quite familiar with the impact of Medicare in the context of a workers’ compensation claim, Medicaid can also greatly affect the handling of a workers’ compensation claim as well. Medicaid is a federal enti
The Claimant had a Stroke While at Work and Has Suffered Ongoing Medical Problems. Is This a Compensable Injury?
For starters, looking to the relevant code section, O.C.G.A. §34-9-1(4) recognizes “strokes” as being potentially compensable. Specifically, in relevant part, this code section states: “”Injury” or “personal injury” means only i
Court of Appeals Decision Highlights the Challenges in Establishing a Successful Notice Defense
Although the Workers’ Compensation Act requires an injured employee to give his employer timely notice of his injury, mounting a successful defense based on the lack of notice is usually more difficult than it sounds. The courts typically cons
Case Study: A Ten Year-Old Injury Rears Its Head (or Knee)
I recently evaluated a claim with facts somewhat similar to the following: The claimant sustained a right knee injury in January of 2003, which was accepted as compensable. The claimant received medical benefits and was paid income benefits for
The Claimant Filed a WC-RICATEE Requesting a Catastrophic Designation. What Should I Do Next?
The Claimant filed a WC-RICATEE requesting a catastrophic designation. What should I do next? First and foremost, an objection/response should be prepared and filed with the State Board. Under the current law, once a claimant has filed a request
Which Medical Fee Schedule Applies in Georgia and Surrounding States?
There are several instances when a Georgia workers’ compensation claimant may receive authorized medical treatment from an out-of-state provider in non-emergency scenarios. For example, an authorized treating physician may make a referral to