Articles

TTD/TPD Rates to Increase Effective July 1, 2019

By: Wesley R. Moore,
Esq.

Effective
July 1, 2019, the cap on Georgia workers’ compensation benefits will see one of
the largest increases over the past 20 years. The maximum Temporary Total
Disability rate will increase from $575 to $675, while the maximum Temporary
Partial Disability rate will increase from $383 to $450. Additionally, both Permanent
Partial Disability and death benefits […]

Tuesday, April 9, 2019|

Stip Review: what is Hartman language and why is it included in settlement documents?

By: Wesley R. Moore,
Esq.

Each
time a claim settles, the “stip,” or stipulation and agreement, must be
executed by both the claimant and employer/insurer and submitted to the State
Board of Workers’ Compensation for approval. Whether the settlement is on a
liability or no-liability basis, stips always include “Hartman language”, which
is a provision that references the payment of Social […]

Tuesday, April 9, 2019|

Statute of Limitations on “All Issues” vs. “Change of Condition” Claims: when and what you can deny if the claimant has not treated or received benefits in a long time

By: Wesley R. Moore, Esq.

When a claimant has waited one year or more in between receiving medical treatment for an occupational injury, it can be confusing to figure out whether the employer/insurer can deny further treatment based on the statute of limitations and if so, determining which statute of limitations would apply. It is […]

Tuesday, April 9, 2019|

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% credit for the weekly
unemployment check. Unemployment eligibility lasts […]

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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