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
Workers’ Compensation and the Teleworking Employee
Teleworking or telecommuting, allows employees to perform their work remotely, either from home or other locations outside of the traditional office. While telecommuting has become a popular option for employers and employees alike, there are
Welcome Changes to Georgia’s Return to Work Statute Now in Effect
For many years, O.C.G.A. § 34-9-240 has provided a tool for compelling injured employees to return to light duty work, but this mechanism was often ineffective. Although it allowed an employer to unilaterally suspend income benefits if the in
Getting the Most Out of Your Panel of Physicians
As we all know, employers are required to provide reasonable medical treatment for work injuries. In exchange, employers can limit who the injured employee is allowed to see by posting a valid Panel of Physicians. A valid panel will have at
“New Supreme Court Ruling: Who is a “Supervisor” in Harassment Cases?”
Who is considered a “supervisor” can often determine liability in both workers’ compensation claims and in sexual harassment cases, although the standard of who is a “supervisor” is different. In sexual harassment s
“Price is Right” Appearance Leads to Workers’ Compensation Fraud Conviction
Come on down! You just committed workers’ compensation fraud for being on the Price is Right! A news story emerged out of Greenville, North Carolina this month about a postal worker who was convicted of workers’ compensation fraud in a claim
Addressing Suspicions of Malingering
Many times situations arise in cases that create a suspicion of symptom magnification or malingering. When this issue is present, there are concerns that the claimant may be exaggerating pain behaviors for financial incentive or to avoid