As of 07/01/07, the self-insured employers and the carriers in New York can no longer file claims for reimbursement with the Special Funds Conservation Committee under Section 15-8. In other words, for claims with dates of accident or dates of disablement of 07/01/07 or later, (more…)
Subsequent Injury Trust Fund
Types of Second-Injury Funds
The two major types of second-injury funds are reimbursement funds and take-over funds. In both of these situations, the employer/insurer can reduce liability when the fund becomes liable. (more…)
Are expenses incurred prior to 2003 reimbursable?
The 2003 amendment to O.C.G.A. § 34-9-203, effective July 1, 2003, added paragraph (c)(4), imposing a one year limitation period on the filing of reimbursement claims. While this amendment imposed a one year filing limitation (more…)
23 Presumptive Medical Conditions
In order for an employer/insured to be eligible for reimbursement from the Subsequent Injury Trust Fund, the employee’s subsequent injury must be directly caused by the prior impairment. The employer must show that this prior impairment was permanent and likely to be a hindrance to employment. Any pre-existing, permanent condition qualifies. The condition may be derived from an automobile accident, personal injury, or an acquired or congenital disease.
For some medical conditions, the Fund has defined them as presumptive conditions. In other words, the employer/insured need not provide documentation to prove that these medical conditions are permanent and a hindrance to employment. Pursuant to Section 34-9-361 of the Official Code of Georgia, the presumptive medical conditions are defined as permanent and a hindrance to employment.
The 23 presumptive medical conditions in O.C.G.A. § 34-9-361 are: (more…)
What is the Subsequent Injury Trust Fund?
The Subsequent Injury Trust Fund was enacted in 1977 to reduce the impact of singularly-large-workers’ compensation claims in the event a worker with a disability, injured on the job, aggravates a pre-existing impairment. The fund helps workers with disabilities by providing employers, who are not subject to the American’s with Disabilities Act, with the incentives to hire or retain qualified workers with disabilities. The fund also assists insured employers by keeping workers’ compensation premiums under control, and if an employer is self-insured, keeps the workers’ compensation exposure at the deductible levels.
In order for an employer/insured to be eligible for reimbursement from the Fund, the employee’s subsequent injury must be directly caused by the prior impairment, or combine with a prior impairment to create greater employer liability for lost time benefits and medical expenses. In addition, the employee must have a preexisting impairment that the employer considered to be permanent and likely to be a hindrance to employment, and the employer must have knowledge of the prior impairment before the subsequent injury occurs. The law also contains a list of conditions which are presumed to be permanent and likely to be a hindrance to employment provided the employer can demonstrate knowledge prior to the subsequent injury.
While many states are closing their Funds similar to the Subsequent Injury Trust Fund, there are still a handful of them out there that are going strong.
Who We Are
At the Ramos Law Firm our legal team has over 30 years of combined experience. The Firm was founded in April of 2005 and has been helping injured workers fight for the benefits they deserve since they opened.
Bryan Camacho Ramos is the founder and principal of the firm. He has handled thousands 
of cases over his career. He has significant trial experience ranging from the simple hand strain to complex catastrophic cases involving complicated medical issues and housing considerations. Mr. Ramos has utilized alternative dispute resolution methods and conferences to reach the best result for his clients. Additionally, many clients have provided testimonials attesting to their positive experiences with the Ramos Law Firm. Mr. Ramos devotes many hours every month to community service events and charities. Additionally, Mr. Ramos is active within the Asian and Hispanic communities.
Mr. Ramos has published dozens of articles on numerous topics involving workers’ compensation in both national and local law journals. He regularly conducts client seminar and lectures. Additionally, he mentors young attorneys who have recently passed the Bar and are just beginning their practice of law.
Gail Bailey is the Senior Paralegal and Legal Administrator for the firm. She has been with the firm since August of 2005 and has worked in Atlanta law firms since 1997. Mrs. Bailey has conducted a number of seminars/webinars through NBI, Inc. for paralegals in both the Atlanta area and on a national level.
Melissa Krick joined the firm in August of 2009 as the firm’s receptionist and has since moved into the position of Legal Assistant/Paralegal. While having only been with the firm a couple of years, she has been in the legal industry for over nine years. Ms. Krick interacts with clients on a day to day basis and is often the first point of contact.
