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
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
Fully And Completely Compensated? Employer/Insurer Burden Remains Strong In Austell Healthcare, Inc. V. Scott 2011
In Austell Healthcare, Inc. v. Scott, the Georgia Court of Appeals stood by the employer/insurer's heavy burden of establishing that an injured employee has been In Austell Healthcare, Inc. v. Scott, the Georgia Court of Appeals stood by the employer/insurer’s heavy burden of establishing that an injured employee has been fully and completely compensated under O.C.G.A. § 34-9-11.1. 2011 Ga. App. LEXIS 193 (March 11, 2011). Comparing lump sum settlements to general verdict forms, the Court of Appeals held that a lump sum settlement alone is insufficient on the issue of whether an employee has been fully and completely compensated and ... Continue Reading
Are Direct Employers Off The Hook Once A Statutory Employer Is Found Responsible For A Workers’ Compensation Claim? Not So Fast.
Under Georgia Law, a principal, intermediate, or subcontractor can be held liable for compensation to any employee injured Under Georgia Law, a principal, intermediate, or subcontractor can be held liable for compensation to any employee injured while employed by a subcontractor that did not maintain insurance. O.C.G.A. § 34-9-8 (a). Under this statute, the principal contractor then becomes a “statutory employer” under the Georgia Workers’ Compensation Act. Wright Assocs. v. Rieder, 247 Ga. 496 (1981). The purpose of this statute is to encourage statutory employers to require subcontractors to carry workers’ compensation ... Continue Reading