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
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