Atkins David LLC

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So far Atkins David LLC has created 252 blog entries.

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

By: Ken David, Esq.

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|

Recent Appellate Division Decisions

By: Belinda Be, Esq.

Always one of the most popular sessions at the conference, the discussion on recent Appellate Division decisions was led this year by Judge Benjamin Vinson, one of the three Appellate Division judges. The panel covered many cases, but the most relevant cases reviewed are below, and address a light duty job […]

Tuesday, October 9, 2018|

Clarifying the Purpose and Scope of the Petition for Medical Treament (PMT) Process

By: Sarah Hegener, Esq.

By now, you may have had a Petition for Medical Treatment (PMT) call on one of your files. This new medical authorization process was implemented by the State Board of Workers’ Compensation in July 2017 to assist with expedited authorization for medical treatment recommended by an authorized treating physician (ATP) and […]

Tuesday, October 9, 2018|

Battling the Opioid Crisis: Alternatives for Pain Management

By: Wesley Moore

As in years past, the opioid drug epidemic and resulting impact on workers’ compensation cases was a prominent topic at the seminar. Dr. Carlos Giron of the Pain Institute of Georgia discussed alternatives to opioids. Considering the addictive nature of the drugs, Georgia physicians are exploring alternative treatments that will assist with […]

Tuesday, October 9, 2018|

KDA Welcomes Sarah Hegener and Wesley Moore

By: Jennifer Smith, Esq.

We are pleased to welcome Sarah Hegener as our newest associate and Wesley Moore as our law clerk.

Sarah’s practice will concentrate in the area of workers’ compensation defense, representing employers, insurers and third party administrators throughout Georgia. Prior to joining the firm, Sarah practiced municipal law for a small firm in […]

Tuesday, October 9, 2018|

WC-1 Required in All Claims, even Medical Only; EDI and ICMS will be Updated for Filing

By: Nathaniel Hofman, Esq.

If you looked closely at hearing notices issued in the past few months, you may have noticed a warning to employers and insurers to file a WC-1 First Report of Injury within 21 days of the hearing notice to avoid penalties which may be assessed for failure to file. This warning on […]

Friday, September 7, 2018|

The Aging Workforce and Impact on Workers’ Compensation Claims

By: Nathaniel Hofman, Esq.

65 is not necessarily the age of retirement anymore. In fact, the percentage of individuals age 65 and even older who are working is on the rise. This trend has been attributed to several causes, including the “great-recession,” shrinking pensions, expanding life expectancy, and an increased cost of living. As the working […]

Friday, September 7, 2018|

How to Respond When An Employee Reports a Carpal Tunnel Injury in Georgia

By: Nathaniel Hofman, Esq.

Cumulative trauma injuries can be particularly tricky in the context of workers’ compensation. Commonly, there is no specific “onset” of injury, and subsequently there are often disputes over reporting. An employee can have minimal complaints of pain or discomfort that do not appear to rise to the level of injury, but for […]

Friday, September 7, 2018|

Hearing Notices Now Require WC-1 to be Filed

By: Emily Anderson, Esq.

The Board has recently added language to its standard Hearing Notice, requiring employers and/or insurers to file a WC-1 within 21 days of the date of the notice. Not having a WC-1 on file could not only impact the employer/insurer’s defenses, but an administrative law judge can now also impose civil […]

Friday, June 15, 2018|

Statutory Employer Concerns: How Contractors Can Protect Themselves From Liability When Using Subcontractors

By: Emily Anderson, Esq.

Any contractor who hires subcontractors wants to know whether the subcontractors have workers’ compensation insurance. We have recently seen issues arise where a subcontractor signs a contract stating they will obtain insurance, and may even provide a certificate of insurance, but it does not fully protect the contractor. If this […]

Friday, June 15, 2018|