As employers and insurers are aware, the seemingly simple process of evaluating and approving medical treatment in the workers' compensation arena is actually anything but simple.As employers and insurers are aware, the seemingly simple process of evaluating and approving medical treatment in the workers’ compensation arena is actually anything but simple. This is because there is often a chain of events that must take place before treatment that is recommended by an authorized treating physician can be authorized. For example, say the authorized treating physician diagnoses a problem, such as depression, and a referral is made to a psychiatrist. As insurers and ... Continue Reading
Sawyer’s Return
This article was written before Drew, Eckl & Farnham individually indexed its Journal Publications.This article was written before Drew, Eckl & Farnham individually indexed its Journal Publications. Click here to view the issue ... Continue Reading
Reasons Why Your Independent Contractor May Be Considered An Employee Under The Workers’ Compensation Act
Under Georgia law, if the relationship of a purported employer and employee is actually that of independent contractor and contractee, there is no coverage under the Workers' Compensation Act. Under Georgia law, if the relationship of a purported employer and employee is actually that of independent contractor and contractee, there is no coverage under the Workers’ Compensation Act. Sanders Truck Transp. Co. v. Napier, 117 Ga. App. 561 (1968). Keeping the above cited law in mind, a signed contract indicating an independent contractor relationship does not necessarily mean the employer is exempt from a workers’ ... Continue Reading
Property Corner: If A Party Is Entitled To Invoke Appraisal Under The Terms Of The Policy, When Must The Demand Be Made Before The Right To Appraisal Is Waived?
ANSWER: A PARTY MUST DEMAND APPRAISAL WITHIN A REASONABLE TIME OR THE RIGHT IS WAIVED.ANSWER: A PARTY MUST DEMAND APPRAISAL WITHIN A REASONABLE TIME OR THE RIGHT IS WAIVED. ... Continue Reading
How Late Is Too Late To File For Catastrophic Benefits? Case Update On The WC-R1catee And The Change Of Condition Statute.
Under O.C.G.A. § 34-9-104(b), a claim recommencing benefits for a change of condition is time-barred if it is not filed within two years from the last payment of income benefits. Under O.C.G.A. § 34-9-104(b), a claim recommencing benefits for a change of condition is time-barred if it is not filed within two years from the last payment of income benefits. While is usually straightforward, it certainly has not been in the context of when a request for catastrophic designation has been filed by a Claimant in the months and years after benefits were originally cut ... Continue Reading
Fictional, New Accidents: Examining Some Different Defenses And Potential Arguments When Bringing An Employee Back To Work
In workers' compensation claims, we sometimes come across a situation where an employee injures himself or herself and then returns to work for the same employer. In workers’ compensation claims, we sometimes come across a situation where an employee injures himself or herself and then returns to work for the same employer. Sometimes we are just lucky enough to be able to offer them suitable, light-duty work – if the treating doctor has issued work restrictions. But what happens when this employee continues working, but at some point stops working ... Continue Reading