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.

Under the Georgia Workers’ Compensation system, the Employer and the insurance company have the power to preselect 6 physicians or facilities to treat your workers’ compensation injury.  You do get to choose which doctor you want to see from that “pre-approved” list or “panel of physicians.”  One physician testified in a deposition that it is very competitive to be on these pre-approved panels.  As you can imagine, the insurance company has the power to remove or place doctors as it sees fit.

Your employer must provide you the list and educate you as to how to use.  If it does not, then you get to choose the doctor.  As the goal is for you to “get better”, it is always best if the injured worker can make an informed decision as to who he or she treats with for the occupational injury.

If you have been hurt at work and need some advice as to your rights under the workers’ compensation system, please contact our office at the Ramos Law Firm.

There is a lot of litigation over whether a person is an “employee” or “independent contractor”.  The Court will consider all the facts surrounding the parties’ work relationship and expectations.  Essentially, the analysis will come down to whether the potential employer had “control and dominion” over the worker.  Some factors include:

• whether the potential employer controlled the worker’s schedule;
• required the worker to wear a uniform;
• withheld taxes; and
• generally supervised the worker’s daily tasks.

If the worker is deemed to have been controlled by the potential employer, the worker would be classified as an employee.  Subsequently, if the employee suffers an injury that arose out of and in the course of employment, then the employee would be entitled to workers’ compensation benefits.  These benefits would include medical benefits as well as weekly income payments if the employee was missing work because of her injury.

While employers are required to carry workers’ compensation insurance, they sometimes do not. If you have been injured on the job and have questions about whether your employer has workers’ compensation insurance, please contact the Ramos Law Firm for a free consultation.  Our workers’ compensation firm is headquartered in Atlanta, Fulton County, we handle matters throughout Georgia.

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.

Unfortunately, this is a common problem.  The workers’ compensation law provides that this injured Thomaston worker is entitled to medical treatment at the Employer/Insurer’s expense.  Moreover, the hurt employee is not limited only to treatment at Upson Regional Medical Center.  If the treatment for the back injury requires specialized treatment, the Employer/Insurer would be responsible for that treatment as well.

In addition, if the employee could not return to work because of his work injury, or even was fired because of his work injury, then the Employer/Insurer would be responsible to pay for the employee’s weekly income benefits.  Unfortunately, these benefits are limited by the “workers’ comp rate” and the injured worker’s “average weekly wage.”  This determination is made on a case by case basis.

If you have been injured on the job and you would like a free consultation, 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.

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.

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.

HOWEVER, merely ingesting an intoxicating liquor, even being “under the influence” to a degree is not a complete bar to workers’ compensation benefits.  The injured worker must be able to prove he or she was not “intoxicated” and the alleged “intoxication” was not the legal cause of the injury.

These cases are very technical and fact specific.  Predictably, the workers’ compensation insurance company will likely take a hard line stance in these cases.  However, injured workers can win these cases.  For a free consultation, please contact the Ramos Law Firm.

If you have been injured on the job and have received weekly income benefits, you may be eligible for a free second opinion or independent medical examination.  Contact the Ramos Law Firm, if you believe you need assistance in securing this medical right under the Workers’ Compensation Act.