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December, 2008:

Workers’ Compensation Settlement and Medicare Set-Asides

Developing a Medicare Set-Aside makes it easy for insurers to consider Medicare’s interests during workers’ compensation negotiations. Federal law requires that employers, group health plans, and insurance companies, consider the Centers for Medicare and Medicaid Services’ (CMS) interests during the settlement of workers’ compensation claims. There are several ways the parties may consider CMS’s interests (more…)

Happy Holidays

We just wanted to take a minute to wish everyone a happy holiday season.

Workers’ Compensation Coverage for Corporate Officers

High atop the corporate ladder sits the corporate executives who survey their company’s landscape and strive to make decisions that will positively affect the business’ future. But, what happens when one of these corporate executives falls from a ladder or slips on a banana in the break room and injures herself? (more…)

Subrogation – Fact or Fiction?

O.C.G.A. 34-9-11.1(b) provides that when an employee has a cause of action against a third-party tortfeasor in a work-related accident and the employer has paid (more…)

What is a workers’ compensation deposition?

A workers’ compensation deposition is the taking and recording of testimony of a witness under oath before a court reporter in a place away from the courtroom before trial. This is a very (more…)

Failure to Pay Awarded Benefits Can Resort in Multiple Fees and Penalties

In a recent appeal before the Workers Compensation Appellate Division, an employer/insurer argued that an ALJ erred in finding that an employee is entitled to “overlap” a 20% penalty for untimely payment of benefits payable under the terms of an award and (more…)

Is there a statute of limitations for filing a workers comp claim?

An injured worker must give the employer notice within 30 days of the accident. O.C.G.A. § 34-9-80. Actual notice or written notice is also sufficient.

Additionally, the injured worker has one (1) year from the date of injury or last remedial medical treatment to file his or her notice of claim with the State Board. O.C.G.A. §34-9-81. Notice must be provided with the WC-14 filing. (more…)

Richard Pimentel at the Annual WC Law Institute in St. Simons

A few months ago the attorneys at the Ramos Law Firm attended the annual Workers’ Compensation seminar on St. Simons Island, Georgia. Among the usual updates on case law and MSA’s was a most remarkable lecture on ethics.

The speaker was Richard Pimentel, whose life story inspired the motion picture Music Inside. His life (more…)

Kids’ Chance Raises Money for Children of Injured Workers

Kids’ Chance, Inc. is a nonprofit corporation originally developed by the Workers’ Compensation Section of the State Bar of Georgia, in association with insurers, employers, attorneys, labor, medical, and rehabilitation groups. The purpose of Kids’ Chance, Inc. is to provide financial scholarships for children of permanently or catastrophically injured or deceased workers to complete their education. Through the hard work (more…)

Help Me, Help You! – A Primer on Working with an Attorney

Sustaining an injury at work can be a terrifying and confusing experience. Seeking medical treatment and ultimately paying for treatment only adds to the fear and confusion. Federal and Georgia law tries to minimize the fear and confusion through its Workers’ Compensation regulations. These government entities primarily developed their regulations (more…)