In North Carolina, the Industrial Commission disburses moneys from the Second Injury Fund. In order to qualify for compensation for a second injury, the original and the subsequent injury must be at least twenty percent (20%) of the entire body, and, the additional compensation cannot exceed (more…)
February, 2009:
Catastrophic Does not Necessarily Mean Forever
In 2005, the Georgia State Legislature amended O.C.G.A 34-9-200.1 to include section (i). Pursuant to section (i), when a claimant has been deemed catastrophic, either by the employer or the State Board, it is possible to request new determination as to the catastrophic or non-catastrophic nature of the employee’s injury. The only requirement is that there be “reasonable grounds” to seek the new determination. (more…)
An IME Physician May Request Patient Undergo More Testing
In Georgia, as long as an employee is receiving compensation benefits, then he shall submit himself to examinations ordered by a qualified physician. Independent Medical Examinations (IME) are common in workers’ compensation cases. They give the employer or the Board a chance to determine (more…)
Would Kevin Garnett’s knee injury be considered a workers’ compensation claim?
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In last night’s match against the Utah Jazz, Kevin Garnett left the game late in the first half after straining his right knee as he attempted to complete a high “alley-oop” pass from Paul Pierce.
If Kevin was playing for the Atlanta Hawks, this could be a potential Georgia workers’ compensation claim. First, we would have to consider (more…)
Types of Second-Injury Funds
The two major types of second-injury funds are reimbursement funds and take-over funds. In both of these situations, the employer/insurer can reduce liability when the fund becomes liable. (more…)
Employee May be Given New Date of Injury if Condition Worsens
Under Georgia workers compensation rules, an employee who gets injured on the job but continues to work should not be penalized. For example, an employee sustains a neck and back injury while on the job in 2001. The employee receives (more…)
Can Catastrophic Designation be Removed?
The answer to the question for claims that arose in July 2005 or later is simple. Yes. O.C.G.A. 34-9-200.1(i) was enacted in 2005 to provide a mechanism by which a the catastrophic status of an individual can be revisited if reasonable grounds exist to challenge the current status. The prerequisite (more…)
