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O.C.G.A § 34-9-

Changes to the workers’ compensation law – House Bill 330

On March 20, 2009, the Georgia Senate passed and adopted House Bill 330 without opposition.  This appears to be the bill recommended by the SBWC Chairperson’s Advisory Committee.  Click here for the current version of the Bill.

Notably among the proposed legislative changes, there is a significant modification with regard to the form medical releases (WC-207). (more…)

My workers’ comp stipulation was approved, when should I expect a check?

Once a stipulation agreement is approved by the State Board of Workers’ Compensation, the employer generally has 20 days to make the payment. The question arises, then – if a payment is mailed, when does it have to be mailed to be considered timely? (more…)

Death and Georgia’s Workers’ Compensation Claims

From time to time an injured worker will file a workers’ compensation claim and subsequently die before the resolution of the claim. This is always a sad situation and it can leave the surviving family members and the deceased’s former employer uncertain as to the proper way to handle the pending claim.  Initially, one might assume that death cuts off any obligation the employer has to pay an injured worker. (more…)

Injury in Restroom Deemed Compensable

Pursuant to O.C.G.A. § 34-9-1(4), an employee’s injury may be compensable only if it is an injury “by accident arising out of and in the course of” the employee’s employment.  However, even in a case in which an employee is injured during a non-scheduled break the employee’s claim still may be deemed compensable. A court has previously stated (more…)

The term “physician” has a broad definition in Workers’ Comp

In a recent ruling by the Appellate Division, a neuropsychologist is a “physician” defined by O.C.G.A. § 34-9-201(a).  Pursuant to O.C.G.A. § 34-9-201(a), (more…)

Exceptions to Coverage Under Georgia’s Workers’ Compensation Laws

The Georgia Court of Appeals recently handed down a decision in Clarke v. Country Home Bakers, 2008 WL 4603604 (2008), regarding whether a prisoner injured while working in a work release program was eligible for workers’ compensation benefits. The Court affirmed the decision of the lower courts in denying benefits.

At issue was whether the claimant was an “employee” under O.C.G.A. 34-9-1. That statute provides (more…)

Georgia Workers’ Comp Bill Presently Before The House

On February 25, 2009, the House Committee on Industrial Relations offered a substitute to House Bill 330, which directly affects the current Georgia Workers’ Compensation Act (Chapter 9 of Title 34 of the Official Code of Georgia Annotated).

The proposed law change: (more…)

Catastrophic Does not Necessarily Mean Forever

In 2005, the Georgia State Legislature amended O.C.G.A 34-9-200.1 to include section (i). Pursuant to section (i), when a claimant has been deemed catastrophic, either by the employer or the State Board, it is possible to request new determination as to the catastrophic or non-catastrophic nature of the employee’s injury. The only requirement is that there be “reasonable grounds” to seek the new determination. (more…)

Would Kevin Garnett’s knee injury be considered a workers’ compensation claim?

KG had a breakaway dunk that the whole crowd e...
Image via Wikipedia

In last night’s match against the Utah Jazz, Kevin Garnett left the game late in the first half after straining his right knee as he attempted to complete a high “alley-oop” pass from Paul Pierce.

If Kevin was playing for the Atlanta Hawks, this could be a potential Georgia workers’ compensation claim.  First, we would have to consider (more…)

Can Catastrophic Designation be Removed?

The answer to the question for claims that arose in July 2005 or later is simple. Yes. O.C.G.A. 34-9-200.1(i) was enacted in 2005 to provide a mechanism by which a the catastrophic status of an individual can be revisited if reasonable grounds exist to challenge the current status. The prerequisite (more…)