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July, 2011:

Change of condition; Fictional New Date of Accident

What happens when an employee is hurt on the job, comes back, but then goes back out because of the work injury?  The problem that presents is itself is whether the reason for the disability is a “change of condition” of the previous injury or a “fictional new date of accident”.  The distinction can be confusing and may have an impact on whether the employee has a statute of limitation problem.  (more…)

If I had a beer shortly before my work injury, am I barred from receiving workers’ compensation benefits?

Generally, no compensation is allowed for an injury or death due to an employee’s “willful misconduct.”  O.C.G.A. §34-9-17.   Moreover, if the injury or death of the employee is due to (more…)

Does an injured worker have the right to a second opinion or independent medical evaluation?

Generally, an employee has the right to one independent medical examination with a physician of the injured worker’s choosing.  The doctor must be in Georgia or within 50 miles of the injured worker’s residence.  This second opinion or independent medical evaluation will be (more…)

Messing up my workers’ compensation case

Recently, I had a Piedmont Hospital employee ask me how most clients “mess up” their workers’ compensation case.  After some thought, I advised her that the most common issue clients have is not (more…)