So, You’re Not Going Back to Work as Long as I Keep Paying You? By: Jordan Goldring | Atlanta, GA Editors: Nina Szymaszek | Atlanta, GA Editors: Karysa Eraclides | Sarasota, FL One of the most frustrating things in the Georgia workers’ compensation system is the inability to suspend a claimant’s indemnity benefits. Once a […]
Authors: Hunter Trubatch- Miami, Jennifer Swan- Orlando, Jordan Goldring- Georgia, Emily White- Tennessee Editors: Jacob Berry- Georgia and Victoria Olson- Georgia Employer Earnings Reports/DWC-19s: Useful Tips and Tricks to Keep Claimants Honest By: Hunter Trubatch | Miami “Employee Earnings Reports” also known as EERS and DWC-19s are a useful tool that helps you monitor […]
Compensability During the Holidays By Libby Nelson, Associate, Orlando The Holidays are upon us! Just this last week, I walked into a Hobby Lobby and wouldn’t you know – half of their home-goods section was already red and green! This time of year brings joy to all with an abundance of over-the-top decorations, scrumptious food, […]
When a Major Contributing Cause Questionnaire Won’t Help: Understanding the Concepts of Waiver and Estoppel Author: David Halpern, Partner, West Palm Beach We’ve all seen carriers unintentionally provide treatment for a pre-existing condition. This happens for several reasons. Sometimes, an assistant tasked with setting an appointment authorizes treatment for a body part without realizing the […]
Few concepts have spurred more debate and dispute in recent years than the ever-changing definition of “employee,” and the establishment of an employment relationship under the Georgia Workers’ Compensation Act. As the national work force continues to evolve from one-dimensional employment relationships to multilevel employment relationships, the foundational principles upon which the Workers’ Compensation Act […]
Orlando Florida has seen a rise in residents with medical marijuana cards since the legalization of marijuana for medical use in 2016. Not surprisingly, the legalization of medical marijuana at the state level is now raising questions of its use and the doctors that prescribe it under the Florida workers’ compensation judicial system. According to […]
By: Abby L. Loeffler, Associate, Jacksonville Generally, temporary partial disability (TPD) benefits are payable to a claimant if the claimant has not reached overall maximum medical improvement from the injury and the medical conditions resulting from the injury create restrictions on the claimant’s ability to work. To establish entitlement to TPD benefits, the claimant must […]
By: Kenny Bishop, Associate, Atlanta In the well known case, Maloney v. Gordon Farms, the Supreme Court established the burden of proof a claimant bears in order to claim entitlement to disability benefits after termination, which is commonly known as the Maloney Burden. In order to successfully prove this burden, the claimant must prove that […]
By: Rachel Perez Delgado, Associate, Jacksonville With the end of another glorious football season in sight, now is a great time to remember why the best offense is a good defense. There are many defenses in workers’ compensation that are deemed waived if not timely raised. One recent JCC case, Burgess v. Environment Control of […]
By Kenny Bishop, Associate, Atlanta Prior to the establishment of the PMTb, the Petition for Medical Treatment (hereinafter PMT), took effect on July 1, 2017 as a tool Claimants could use to expedite medical treatment or testing requested by an authorized medical provider. If a PMT is filed, a telephonic conference will be scheduled no […]