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Georgia’s injured workers

Required “Notice” under Rule 201(b)

If an Employer/Insurer has controverted a workers’ compensation claim and the claim is later found to compensable, Board Rule 201(b) provides that “the employee is authorized to select one of the physicians who has provided treatment for the work-related injury prior to the acceptance of compensability, and after notice has been given to the employer, that physician so selected becomes the authorized treating physician.”

The question, then, is what constitutes notice.  On a very (more…)

State Employees are eligible for workers’ compensation benefits

It is not surprising that the largest employer of Georgia workers is the State of Georgia itself.  The State of Georgia has dozens of agencies from the State Accounting Office to the Department of Transportation.  Under the workers’ compensation code, state workers are included as eligible employees for benefits should they be injured on the job.

Not unlike any other injured worker, the state employee who is injured on the job (more…)

Attorneys Contribute Time In Educating Latino Community About Workers’ Compensation Rights

In conjunction with the Georgia State Bar and the YLD’s Minorities In the Profession Committee, the Ramos Law Firm organized and presented “Law Day” to the Latin American Association in Atlanta, Georgia on June 27, 2009. The event was designed to provide an educational forum to (more…)

What Role Does Medical History Play in Workers’ Compensation Claims?

Most individuals enjoy a certain level of privacy regarding their medical history.  Most employees are weary about sharing intimate details about their medical history with the employer/insurer; however, pursuant to O.C.G.A. 34-9-207, the employer/insurer may be entitled to this information.

In a Georgia workers’ compensation claim (more…)

What happens at a workers’ comp hearing?

As the injured worker is not entitled to a jury trial, she is entitled to an evidentiary hearing before an administrative law judge (ALJ).  The hearing is also known as a bench trial.  It is also known as the ” employee’s day in court”.

At the hearing, the judge will generally request information from the parties of the pending case.  During this time (more…)

How long do I have to…file my claim, notify my supervisor, etc.

If you are injured at work in Georgia there are several deadlines you should be aware of in order to preserve any potential workers’ compensation claim you may have.  First, you must give the employer notice of the injury within 30 days of the injury date.  (O.C.G.A. § 34-9-80).  You then have (more…)

Will my failure to wear my seat belt harm my workers comp claim?

There are many Americans that drive commercial vehicles as part of their daily job.  Since their jobs include driving, they must face the hazards of the roads and highways.  What happens if an employee is involved in a car accident while working, and he is not wearing a seat belt at the time of the accident? Will his failure to wear his seat belt harm his workers compensation claim?

The first thing we must consider (more…)

Why Isn’t My Case Moving Along More Quickly

If you have suffered a work-related injury and cannot work, you are entitled to workers’ compensation benefits. Yet when an employer/insurer denies benefits for any reason, there can certainly be some frustration while waiting for results from a claim filed with the State Board of Workers’ Compensation.  That frustration (more…)

Court of Appeals Decision: Change of Condition v. New Injury

The Georgia Court of Appeals recently issued an opinion in which it clarified one of the distinctions between a new injury and a change of condition. (more…)

Alumni Leaders Week at Johnson & Wales University

Most people probably have the notion that their attorney went to high school, undergrad, law school, and began practicing right away.  That is not necessarily the case.

After I received my undergraduate degree at Ohio Wesleyan University, I attended Johnson & Wales University, where I received a degree in culinary arts.  In fact, I cooked professionally for some time before deciding to go on to law school.

Johnson & Wales University is far more than a culinary institution(more…)