The retrieval and review of medical records is one of the most critical components of litigating a workers' compensation claim. O.C.G.A The retrieval and review of medical records is one of the most critical components of litigating a workers’ compensation claim. O.C.G.A. § 34-9-207 states that: When an employee has submitted a claim for workers’ compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, that employee shall be deemed to have waived any privilege confidentiality concerning any communications related to the claim or history or treatment of injury arising from the ... Continue Reading
Workers’ Compensation Subrogation Update
It seems no one today is immune from the rising costs of health care. As a result, more and more insurers are seeking alternative ways in which to curb expenses and reduce It seems no one today is immune from the rising costs of health care. As a result, more and more insurers are seeking alternative ways in which to curb expenses and reduce total exposure per claim. One common example is the increasing prevalence of actions by group health insurers seeking reimbursement for payments made to, or on behalf of, an injured worker, which arguably should have been the primary responsibility of a workers’ compensation insurance carrier or ... Continue Reading
Who Owns The Parking Lot? – Ingress And Egress In Workers’ Compensation Cases
The general rule is that an injury that occurs when an employee is traveling to or from work is not compensable because the injury does not arise out The general rule is that an injury that occurs when an employee is traveling to or from work is not compensable because the injury does not arise out of or in the course of employment. Mayor & Aldermen of Savannah v. Stevens, 278 Ga. App. 166, 598 S.E.2d 166 (2004). However, it is also well established that an injury that occurs during a reasonable period of ingress or egress on the employer’s premises is compensable.Peoples v. Emory University, 206 Ga. App. 213, 424 S.E.2d 874 ... Continue Reading
Spoliation – Innocent Mistakes Can Have Costly Consequences
Spoliation is the "destruction or failure to preserve evidence that is necessary to contemplated or pending litigation." Kitchens v. Brusman, 303 Ga. App. Spoliation is the “destruction or failure to preserve evidence that is necessary to contemplated or pending litigation.” Kitchens v. Brusman, 303 Ga. App. 703, 704, 694 S.E.2d 667, 669 (2010) (internal quotations omitted). Destroying or failing to preserve evidence can wreak havoc on the ability to defend a case. This is not just because evidence is missing or destroyed. A court has the wide discretion to craft sanctions against the party who compromised the evidence, even if ... Continue Reading
When Co-Workers Attack: Interaction Of Violence In The Workplace With The Georgia Workers’ Compensation Act
Violence in the workplace accounts for a large number of workers' compensation claims each year. While at first glance an altercation Violence in the workplace accounts for a large number of workers’ compensation claims each year. While at first glance an altercation between angry co-workers should have little to do with the Workers’ Compensation Act, it is necessary to examine the circumstances and origins of the altercation to determine whether any resulting injuries are compensable. O.C.G.A. §34-9-1(4) provides the fundamental rule that a work injury must arise out of and in the course of the ... Continue Reading
The 411 On Board Rule 205
Few State Board of Workers' Compensation Rules ("the Rules") cause the high level of debate surrounding current Board Rule 205, which addresses preauthorization Few State Board of Workers’ Compensation Rules (“the Rules”) cause the high level of debate surrounding current Board Rule 205, which addresses preauthorization of medical treatment. The Georgia Supreme Court’s February 7, 2011 grant of certiorari in Selective HR Solutions, Inc. v. Mulligan, 305 Ga. App. 147, 699 S.E.2d 119 (2010) has only heightened the buzz surrounding the future of Rule 205 with regard to preauthorization of medical treatment in non-managed care organization (“non-MCO”) ... Continue Reading
Legislature Says No General Jurisdiction In Georgia: Court Of Appeals Not Convinced
Nonresidents sometimes are subject to suit in this state under the Georgia Long Arm Statute which establishes circumstances Nonresidents sometimes are subject to suit in this state under the Georgia Long Arm Statute which establishes circumstances when personal jurisdiction exists over such nonresidents. Codified at O.C.G.A. §9-10-91, the Georgia legislature chose very specific circumstances in which it provided for nonresidents to be sued in this state's courts. Despite the language of the statute, which appears to only support specific personal jurisdiction, courts in Georgia sometimes apply notions of general personal jurisdiction in ... Continue Reading
Really, Another Recommendation For Pain Management?
Current Pain Management Techniques and Effectivenessof this Inconsistently Applied Treatment Current Pain Management Techniques and Effectivenessof this Inconsistently Applied Treatment Today, pain management practices are varied, hard to classify, and inconsistently applied across the country. How many times have you cringed upon a receipt of another recommendation for pain management care? Following this reaction, how many of you have asked one of the following questions: Is this treatment necessary? What type of treatment will the claimant receive? Is this the appropriate ... Continue Reading
Observe And Report: Potential Liability For Private Entities Based On Arrests Made By Law Enforcement Officers
Loss prevention officers, security guards, and employees for private businesses sometimes assist in identifying potential criminal acts and notifying law Loss prevention officers, security guards, and employees for private businesses sometimes assist in identifying potential criminal acts and notifying law enforcement of such acts so that law enforcement can perform the public function of investigating potential criminal acts and arresting those who commit crimes. Often, such individuals engage in observation of or interaction with a person suspected of committing a crime before contacting law enforcement officers to intervene. A question might then arise ... Continue Reading
How To Make Aggravations To Preexisting Injuries Less “Aggravating”
Pursuant to O.C.G.A. § 34-9-1 (4), a compensable injury ". . . shall include the aggravation of a preexisting condition by accident arising out of and Pursuant to O.C.G.A. § 34-9-1 (4), a compensable injury “. . . shall include the aggravation of a preexisting condition by accident arising out of and in the course of employment, but only for so long as the aggravation of the preexisting condition continues to be the cause of the disability; the preexisting condition shall no longer meet this criteria when the aggravation ceases to be the cause of the disability.” As it now stands in Georgia, the employer ... Continue Reading