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February, 2009:

TPD Rates are not Automatic

O.C.G.A § 34-9-262 provides:

“. . . where the disability to work resulting from the injury is partial in character to temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to 2/3 of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter but not more than $334.00 per week for a period not exceeding 350 weeks from the date of the injury.”

The Georgia Court of Appeals has examined what is meant by (more…)

Drinking and Georgia’s Workers’ Compensation Law Don’t Mix

Occasionally, when the members of the Ramos Law Firm are preparing to defend an employer against a workers’ compensation claim we come across evidence indicating that the injured employee may have been intoxicated when he was injured at work. (more…)

Preparing for Mediation

Meditation is an informal means to try to resolve a claim quickly without the need for Court intervention. If both parties approach mediation in good faith, a resolution can often be reached. While informal, (more…)

Can I seek Experimental medical treatment for my injury?

Pursuant to O.C.G.A. § 34-9-200(a), an employer must furnish an injured worker such medical treatment which, in the judgment of the Board, is (more…)

Employer Must Provide 10 Days Notice Before Suspending Indemnity Benefits

According to O.C.G.A. § 34-9-221(i) “where compensation is being paid with or without an award and an employer or insurer elects to controvert on the grounds of a change in condition or newly discovered evidence, the employer shall, not later than 10 days prior to the due date of the first omitted payment of income benefits, file with the board and the employee a notice to controvert the claim.”  In other words, (more…)

Recent Court of Appeals Decision – Change of Condition

The Georgia Court of Appeals made an interesting decision on July 10, 2008 in United Grocery Outlet v. Bennett, 292 Ga.App. 363 (2008). In essence, the decision states (more…)