Essentially, attorneys may call the Board and request a conference call with the presiding administrative law judge (ALJ) assigned to the claim.  If there is no ALJ assigned to the case, the State Board of Workers’ Compensation will assign a case accordingly.  These ALJ’s are empowered to address the resolution of medical issues or other claims that have NOT been “controverted” by the Employer/Insurer.  The primary purpose of this vehicle is to reach an answer without an evidentiary hearing.  The Board has included issues such as problems obtaining medication prescribed by the authorized treating physician; payment of unpaid medical bills; or accidental suspension of benefits.  The Board also indicated that this conference call vehicle should NOT be used for change of physician requests or other issues where the submission of evidence is required.

If one party requests the conference call, the other party’s participation is mandatory unless otherwise excused by the presiding judge.  Once the conference call is scheduled and the parties are notified via email to initiate the call, failure to participate may result in monetary penalties.  The Board requires 24-hour prior notice and a valid reason to avoid potential sanctions.  The workers’ compensation board “encourages” all parties to work together with the judge’s calendar.

It is the Ramos Law Firm’s hope that this new vehicle will assist injured workers’ in securing prompt medical treatment or resolution of a pending issue in his or her workers’ compensation claim.

Proving these occupational injuries can be challenging.  In short, the workers’ compensation judges will rely on the medical evidence, the injured workers’ reports to the supervisor or the human resource departments, as well as the type of job the employee had.  Furthermore, the workers’ comp judge will consider how long the employee was working that job.  The longer the injured employee worked the repetitive motion job, the better chances he or she has in proving the claim.

If you have been hurt while working on an assembly line at Kia or any other Georgia employee and you would like a free consultation about your workers’ compensation rights, please contact the Ramos Law Firm.

In Georgia, we suspect that these closures will produce a substantial amount of lay-offs including employees injured on the job. It is important to note that these injured employees who have been laid off have certain responsibilities before workers’ compensation benefits are started. It is recommended that these injured employees return to their authorized treating physician immediately. This will help certify their work restrictions. Subsequently, we recommend that the laid off and injured workers begin to document a search for employment within the recently certified work restrictions. Additionally, it would be prudent to seek unemployment benefits.

Those Georgia workers’ desiring a free consultation regarding their rights under workers’ compensation should call the Ramos Law Firm.

Generally, the PPD rating is issued by the authorized treating physician after the injured employee reaches “maximum medical improvement” where the employee is “about as good as he or she is going to get.”  The physician will make the determination of the PPD rating by using the American Medical Associations’ Guide to Impairment.  This rating will be issued in percentage compared to overall functioning.

Georgia’s Workers’ Compensation Act provides compensation in relation to the physician’s impairment assessment.  This table is found in O.C.G.A. §34-9-263.  In certain circumstances, doctors may disagree as to the ratings and they can differ.  Also, you may have the option of seeking a second opinion.  If you have any questions about the PPD rating, please contact the Ramos Law Firm at 404-355-3431.

• 37,167 “new claims” were generated for weekly income benefits.
• Over $843 million dollars were paid in indemnity benefits. It is important to note that these payments included indemnity claims generated before 2010.
• Over 97,000 “medical only” claims were reported. In this situation, the injured worker required medical treatment but did not miss time from work (at least in theory).
• Over $94 million dollars were paid to medical facilities such as Concentra, Choicecare, occupational and industrial clinics, or various emergency rooms for these “medical only” claims.
• Over $674 million dollars were paid out to hospitals and medical facilities in 2010.

If you have been injured on the job, call the Ramos Law Firm now for your free consultation. Our workers’ compensation firm is headquartered in Atlanta, Fulton County, and we handle matters throughout Georgia.

Help with your Georgia workers’ compensation claim is only one step away.  Contact us at (404) 355-3431, via e-mail or our online chat.

In our case, an employee was responsible for cleaning the airplane cabins.  As she was being transported to the airplane, the truck was involved in an accident.  As a result, she and two other employees were injured.  The injuries involved pains in her back, neck and head.  She also missed time from work.

Generally,  the Employer/Insurer may control medical treatment if

1. it properly posts a valid panel of physicians, and
2. it trains its employees as to the use and function of the panel.

If it did not do both of these steps, the injured employee may select her own doctor.   Medical treatment is very important to a workers’ compensation case as it provides the best chance for the injured worker to heal from the occupational injury.  Moreover, quality medical treatment provides the best chance for the hurt worker to return to work and regain his or her quality of life.  Sometimes, it appears that the Employee’s “panel” doctors are biased and favor the employer.  Having the power to select your physician is very important.

If you have been hurt at work and believe you have the right to select your physician, please contact the Ramos Law Firm.

Since then, the workers’ compensation law was amended to delete the distinction between non-resident and resident dependents.  Therefore, issues of citizenship and residency are not relevant or applicable to determining the entitlement of workers’ compensation dependency benefits.  O.C.G.A. § 34-9-265

If you have any questions about death or dependency benefits, please contact the Ramos Law Firm at 404-355-3431.

If two-thirds of the average weekly wage amounts to less than $500, the Employer/Insurer must reveal to the State Board of Workers’ Compensation its calculations through a board form WC-6.  Here the Employer/Insurer is obligated to list the employee’s wages for 13 weeks prior to the accident.  Often times, employees hurt on the job simply accept the Employer/Insurer’s calculations.  However, we believe that the injured employee should verify their numbers to determine if the weekly amount of money provided is accurate.

If you have any questions about your average weekly wage or other money benefits you think you may be entitled to, please contact the Ramos Law Firm at 404-355-3431.

Generally, a “change in condition” occurs when the injured worker demonstrates a change in the wage-earning capacity, physical condition, or employee status after original injury (established by award or otherwise).  O.C.G.A. § 34-9-104 (a); Atlanta Hilton & Towers v. Gaither, 210 Ga. App. 343, 436 S.E.2d 71 (1993). See also Aldrich v. City of Lumber City, 273 Ga. 461, 542 S.E.2d 102 (2001). See ABB Risk Management Service/Georgia Kaolin v. Lord, 254 Ga. App. 88, 561 S.E.2d 225 (2002).  An injured worker must be careful in these situations as a few statutes of limitations may be triggered for restarting income benefits, or even formally accepting the claim.  See, O.C.G.A. §34-9-104 and 82.

In some cases, an injured employee who sustains a job-related injury may continue to work until her condition forces her to cease work because of gradual worsening of her physical condition.  The Georgia law will generally consider the date she stopped working as a “fictional new date of accident.”  Central State Hospital v. James, 147 Ga. App. 308 (1978).  These fictional new date of accident cases do not involve a new “traumatic” injury.  This scenario is analogous to the “straw that broke the camel’s back” story.

If you have been injured on the job and have recently stopped working, you may be entitled to workers’ compensation benefits.  For a free consultation, please contact the Ramos Law Firm.

If you have been injured on the job and desire a free consultation as to your workers’ compensation benefits, please contact the Ramos Law Firm at 404-355-3431.