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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…)

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…)

Referrals From The Authorized Treating Physician

With any injury or illness, it is common for a primary treating physician to find it necessary to refer the patient to another doctor for specialized care.  Obviously, in a workers’ compensation setting, this is also possible.  The question then arises, how does the Workers’ Compensation Act provide for such referrals? (more…)

What can I do if my employer ignores my request for treatment authorization?

After an employee is injured on the job, they are permitted to seek treatment with one of many authorized physicians on a panel.  In some situations, that particular authorized physician may recommend additional treatment or testing from another physician.  When this happens, (more…)

Does the Panel of Physicians Affect the Type of Medical Treatment I Will Receive?

Employers who are subject to the Georgia Workers’ Compensation Act are required to post a panel of physicians.  The employer’s panel of physicians consists of medical facilities or individual physicians who are authorized to render treatment to employees injured on the job.  There are three types of panels employers may elect to post: (more…)

Do I Have to Go to My Appointment?

The Workers’ Compensation Act provides that an employer must provide medical care to an injured worker which is likely to “effect a cure, give relief, or restore the employee to suitable employment.” O.C.G.A. 34-9-200(a).

While providing medical benefits to the employee for a work-related injury, the employer may request examinations for the employee “at reasonable times.” This means that the employee may receive numerous notices the various appointments have been set up. These appointments can, at times seem quite inconvenient. At times the employee may not wish to appear for all of the scheduled appointments.

Failure to appear for an appointment or to cooperate with an examination can have some serious consequences. The employer, upon learning that an employee has failed to appear for an appointment can petition the Court to have the employee’s benefits suspended until such time as the employee ceases refusal of the treatment. If the Court grants the petition, the employee cannot recover any missed payments during the period of refusal of treatment. Therefore, as inconvenient as it may be, it is almost always a good idea to appear for and cooperate with any medical treatment scheduled by the employer.