Once a stipulation agreement is approved by the State Board of Workers’ Compensation, the employer generally has 20 days to make the payment. The question arises, then – if a payment is mailed, when does it have to be mailed to be considered timely? Bookmark It Hide Sites $$(‘div.d300′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });
Posts from ‘March, 2009’
Death and Georgia’s Workers’ Compensation Claims
From time to time an injured worker will file a workers’ compensation claim and subsequently die before the resolution of the claim. This is always a sad situation and it can leave the surviving family members and the deceased’s former employer uncertain as to the proper way to handle the pending claim. Initially, one might [...]
Injury in Restroom Deemed Compensable
Pursuant to O.C.G.A. § 34-9-1(4), an employee’s injury may be compensable only if it is an injury “by accident arising out of and in the course of” the employee’s employment. However, even in a case in which an employee is injured during a non-scheduled break the employee’s claim still may be deemed compensable. A court [...]
When the Workers’ Comp Exclusive Remedy Provision does not Apply
In general, the Workers’ Compensation Act provides protection for the employers and insurers from tort actions. This protection is known as the “exclusive remedy provision.” The provision exists to protect the employers and insurers from additional exposure after being legally required to provide benefits without proof of any level of intent or negligence. This protection [...]
Employee Injured During Fight May Not Qualify for Benefits
Pursuant to State v. Purmont, 143 Ga. App. 269, 238 S.E.2d 268 (1977), if an employee is injured in an attack by another employee, the employee must not have been the aggressor in order to be eligible for workers’ compensation benefits. When asserting an aggressor defense under O.C.G.A. § 34-9-17(a), it is the employer that [...]
Consideration Before Settlement
As we have discussed on our blog site on numerous occasions, the Workers’ Compensation Act provides somewhat limited remedies for people who have been injured at work. The limited nature of the remedy leads to what are sometimes surprisingly low settlement offers. Based upon these low offers, the injured worker should probably take several things [...]
The term “physician” has a broad definition in Workers’ Comp
In a recent ruling by the Appellate Division, a neuropsychologist is a “physician” defined by O.C.G.A. § 34-9-201(a). Pursuant to O.C.G.A. § 34-9-201(a), Bookmark It Hide Sites $$(‘div.d469′).each( function(e) { e.visualEffect(‘slide_up’,{duration:0.5}) });
Is There a Timeframe for Reporting an On-The-Job Injury?
The Georgia Workers’ Compensation Act requires an injured employee report an on-the-job accident to a supervisor or employer agent shortly after the incident. Please see O.C.G.A. § 34-9-80. The employee is required to give the Employer or its agents notice of an on-the-job accident so that the Employer can investigate the incident, and most importantly, [...]
Hippotherapy Determined to be Compensable
At the request of an employee confined to a wheelchair, the Board was asked to determine whether payment for a horse barn where the employee kept his horse was compensable. The employee testified that he benefited both from riding and taking care of his horse. He not only increased his range of motion and strength, [...]
Exceptions to Coverage Under Georgia’s Workers’ Compensation Laws
The Georgia Court of Appeals recently handed down a decision in Clarke v. Country Home Bakers, 2008 WL 4603604 (2008), regarding whether a prisoner injured while working in a work release program was eligible for workers’ compensation benefits. The Court affirmed the decision of the lower courts in denying benefits. At issue was whether the [...]
