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February, 2009:

Second Injury Fund in North Carolina Still Active

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…)

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?

KG had a breakaway dunk that the whole crowd e...
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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…)

The Effect Ongoing Medical Payments Have on Medicare Set-Asides

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As a general rule federal law requires parties involved in workers’ compensation claim to consider Medicare’s interests in the event of a settlement. 42 CFR 411.46. However there is one major exception to this rule. (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…)

Thoughts On The SITF

With the Georgia legislature now back in session, it makes me consider the fate of the SITF and its impending sunset.  While it does not appear that the legislature will consider any new measures for the SITF in this session, I would certainly wish (more…)

Taxes and Medicare Set-Asides

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As April 15th draws nearer and my mailbox starts to fill with W-2 and yearly interest statements I am reminded of the old adage, only two things in life are certain; Death and Taxes.  Oddly enough my recent dealings with Medicare Set-Asides (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…)