Legislative Updates

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|

Georgia 2018 Legislative Update

By: Alissa C. Atkins, Esq.

Nineteen days into the 2018 legislative session, only a few bills have been submitted that pertain to workers’ compensation law. At this point, no bill has been submitted to increase the Temporary Total or Temporary Partial Disability maximums, and although it is still technically possible, we do not expect any sweeping […]

Tuesday, February 13, 2018|

Impact of New Willful Misconduct Ruling on Recovery of Workers’ Compensation Benefits

by Frank A. Wasser, Esq.

A recent ruling by the Georgia Supreme Court expanded the scope of the “willful misconduct defense” in favor of employers and insurers. In Chandler Telecom, LLC v. Burdette, the court held that an intentional violation of an employer’s rules may bar compensation, when that violation is committed “either with the knowledge […]

Wednesday, June 14, 2017|

How Will Georgia’s New Cannabis Law Impact Workers’ Compensation Benefits?

by Frank A. Wasser, Esq.

On May 9, 2017, Governor Deal signed into law an expansion of Georgia’s medical marijuana program, which allows certain patients the ability to possess up to 20 ounces of cannabis oil to treat specific illnesses. The new law added six conditions eligible for treatment. Significantly, the law only allows physicians to […]

Wednesday, June 14, 2017|

Trump’s “2-for-1” Regulation Reform May Impact Recently Enacted OSHA Rules

by Jennifer M. Smith, Esq.

President Trump recently signed an executive order which would require agencies, including OSHA, to eliminate two prior regulations for each new regulation which is issued. This could mean that recently enacted OSHA regulations, such as the controversial electronic record keeping rule, could be in peril.

Not only does the order mandate the […]

Tuesday, February 14, 2017|

New Georgia Supreme Court Case: You Can Un-Cat a Cat Case (when the claimant returns to work for 18 years)

by Alissa C. Atkins, Esq.

In a decision released on June 6, 2016, the Georgia Supreme Court denied ongoing indemnity benefits to a man whose injuries were previously designated as catastrophic pursuant to OCGA § 34-9-200.1(g)(2). The claimant sustained an injury in 1993 resulting in a below the knee amputation. He returned to work in January […]

Friday, June 17, 2016|

The State of the Board

by Alissa C. Atkins, Esq.

With all three of the Board’s Directors and most of the Judges at the Board’s recent Annual Educational Conference, we were able to get an inside look on the biggest issues they are seeing lately from the bench. Chairman McKay noted the difficulty the judges have when ruling on medical disputes, […]

Tuesday, September 8, 2015|

2015 Georgia Legislative Session Comes to a Close: Increases in TTD/TPD, but “Exclusive Remedy” is Safe

by Timothy A. Raimey, Jr., Esq.

The workers’ compensation bill known as HB 412 passed through the General Assembly and is on the way to Governor Deal’s desk for signature. Here are the changes:

1. The maximum TTD rate will increase from $525 to $550 per week, the maximum TPD rate from $350 to $367 per week […]

Wednesday, April 1, 2015|

Georgia Legislative Update

by Alissa C. Atkins, Esq.

This Friday, March 13, 2015, is Crossover Day at the legislature, which generally means a flurry of activity in the General Assembly. The latest workers’ compensation bill, still known as HB 412, made it out of the Labor and Industry committee last month and was passed by the House on March […]

Sunday, March 1, 2015|

Occupational Disease Bill Only Covers Firefighters…For Now

by Jennifer M. Smith, Esq.

Also in legislative news, the House of Representatives introduced a bill which would provide a “rebuttable presumption” that occupational diseases (hypertension, heart disease, respiratory disease and sometimes cancer) contracted by firefighters are caused by their work. This places the burden on employers and insurers to prove that the job was not […]

Sunday, February 1, 2015|
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