Ken David

About Ken David

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So far Ken David has created 241 blog entries.

Taking Credit: How to Reduce the Benefits You Owe

By: Jarvis B. Läkemäker, Esq.

A quick reminder that you can use WC-243 to reduce or eliminate your TTD exposure if an employee receives other post accident benefits. a. Unemployment – you get a dollar for dollar credit if a claimant is awarded unemployment. File the WC-243 showing a full 100% […]

Friday, February 22, 2019|

What CMS Wants: CMS Criteria When Reviewing An MSA

By: Jarvis B. Läkemäker, Esq.

In December we discussed when you should have an MSA done and when you would need the Centers for Medicare & Medicaid Services (CMS) approval. We provided a Medicare Checklist to assist you in that evaluation. This month, we will focus on the steps CMS’ Workers’ […]

Friday, February 22, 2019|

Claimant Characteristics Useful Predictor of Opioid Prescription Rates: Doctors Prescribe More Opioids for Patients That Are Older, Rural or in the Construction Industry

By: Jarvis B. Läkemäker

A recent study found that a patient’s demographics and type of employment may correlate to the amount of opioids they are prescribed. In its study, Correlates of Opioid Dispensing, the Workers Compensation Research Institute (WCRI) identified characteristics of injured workers and their employers that are associated with differences […]

Friday, February 22, 2019|

Getting Less Aggravated: How to Prove an Aggravation Has Ended

By: Jarvis B.
Läkemäker and Ben Young

You have an accepted claim with no full duty release in sight. You
are unable to return the claimant to light duty work. How do you cut off
benefits? If the claimant had pre-existing medical issues, you may be able to
argue that the work injury – an aggravation – no longer […]

Friday, February 22, 2019|

A final thought as the year closes and a new one begins

The claims business is a stressful one. Employees who are injured are in
pain. Employers can be frustrated by individuals they see as taking advantage
of the company. Adjusters are under demands to make decisions about hundreds of
matters a day and scrutinized in hindsight about those actions. Attorneys are …
well, difficult to deal with even on a […]

Thursday, December 20, 2018|

KDA is pleased to welcome Jarvis Lakemaker to the firm!

KDA welcomes Jarvis B. Läkemäker as an associate concentrating his
practice in the firm’s Civil Litigation Practice Group, representing companies,
individuals, and government employees and agencies in a variety of civil
matters. Military service brought Jarvis to Georgia in 1999 where he served as
an intelligence analyst and security manager for the 13th Corps Support
Battalion at Ft. Benning. Following […]

Thursday, December 20, 2018|

File a WC-1 for all claims, even “medical only” effective January 1, 2019

By: Ken David, Esq.

Pursuant to Board requirements, effective January 1, 2019, Insurers/TPAs must file Form WC-1 on all claims, including all “medical only” claims. The Board will assess penalties for failure to timely file a WC-1 after January 1, 2019, pursuant to the provisions of O.C.G.A. §§ 34-9-12(a), 34-9-18 and Board […]

Thursday, December 20, 2018|

Settlements: A Review of the Basics

By: Ken David, Esq.

It is that time of year when you want to close your files and claimants want some holiday money. With that in mind, let’s review some core aspects of settlements.

There are two types of final settlement: Liability and No Liability. You can always structure a
settlement as […]

Thursday, December 20, 2018|

Spinal Cord Stimulators: They may be worse than we even thought

By: Ken David, Esq.

We all know from experience that there is not a high success rate for spinal
cord stimulators in a workers’ comp claim, especially ones where there is
litigation. At KDA, Jennifer Smith and Jarvis Lakemaker have been studying this
issue and below are their thoughts on a recent AP study along with a link […]

Thursday, December 20, 2018|

Medicare Checklist, Updated: When is an MSA necessary? When is CMS approval required?

By: Ken David, Esq.

Let’s
make something hard a little bit easier. We are still confronted with the
challenge of how to deal with Medicare’s interests in many of our settlements,
particularly six figure ones. Although it is certainly possible to write a book
on all the requirements and details of navigating the MSA system, here you will
find a […]

Thursday, December 20, 2018|
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