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November, 2008:

Recent Appellate Division Decisions – Panel of Physicians

Nov 28th, 2008
by James Timmons, Jr..
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Every year at the Workers’ Compensation seminar, there is a discussion of recent Appellate Division decisions.  Although they are not binding precedent, there is often a great deal of guidance to be gleaned from these discussions.  One recent decision from the Appellate Division was with regard to the employer’s duty to maintain a posted panel of physicians.

As discussed at length in a previous blog, the employer has a duty to maintain a list of at least six physicians.  There are guidelines as to (more…)

Failure to Comply with Rules May Result in Employee’s Choice of Any Physician

Nov 26th, 2008
by Julia Lindsey.
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Board Rule 202(c) provides in pertinent part that when an employer fails to properly provide the procedures for selection of physicians, the employee is authorized to select a physician who is not listed on the employer’s panel of physicians. That physician so selected becomes the authorized treating physician, and the employee may make (more…)

If injured on my way to work, can I file a workers’ comp claim?

Nov 22nd, 2008
by Adriana Sola Capifali.
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An injury that occurs on the employer’s premises is usually considered to arise in the course of employment. When an employee is injured on the employer’s premises or property controlled and/or maintained by the employer on their way to or from work, the accident is considered to (more…)

Am I Considered an Employee for Purposes of Seeking Benefits?

Nov 21st, 2008
by Adriana Sola Capifali.
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Outside the field of workers’ compensation, people will loosely refer to an individual as an employee or independent contractor. However, in the field of workers’ compensation these titles are not interchangeable as the Georgia Workers’ Compensation Act distinguishes “employees” from “independent contractors.” An employee is (more…)

The SCHIP Extension Act – Changing How Insurers Do Business

Nov 17th, 2008
by Tiffany Yamini.
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Workers’ compensation insurers will have to change the way they do business, starting July 1, 2009. On this date, the SCHIP Extension Act of 2007 will take effect, forcing (more…)

What is Subrogation?

Nov 14th, 2008
by Bryan Ramos.
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Essentially, subrogation is the assumption of legal rights of someone whose debts or expenses have been paid. The simplest example is when an employee is injured in a car accident with a third party.  Assuming that the employee was not at fault and the accident arose out of and in the course of employment, (more…)

Benefits of Settling a Claim when the SITF is Involved…

Nov 13th, 2008
by Julia Lindsey.
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Settlement may occur prior to OR following SITF acceptance of a claim. In the case where a claim is settled prior to SITF acceptance, SITF does not consider itself a party to the agreement and is not subject to its provisions.

When settlement negotiations are initiated during the evaluation process, SITF must be notified by the employer/insurer of any and all settlement demands. The employer/insurer must submit a Settlement Authority Request in writing. The settlement authority request must include (more…)

Halloween 2008 – A treat for the State’s newest Bar members

Nov 3rd, 2008
by Gail Bailey.
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The Ramos Law Firm is pleased to announce our newest associate, Tiffany K. Yamini.  Mrs. Yamini, along with several of her classmates, received her passing Bar results on Halloween day.

Mrs. Yamini is a graduate of Mercer University and had previously clerked with our firm.  She now rejoins us to concentrate her practice on Medicare Secondary Payer Compliance and Lien Resolution.

Congratulations, Tiffany!