GA Board Rules and Form Changes Effective February 15, 2016 – Important change regarding claim office information
The Board is rolling out ICMS II, an updated online filing system, on February 15, 2016. With that, there are several changes to the Board Rules and Board forms. Most of these intelligently address issues that came up with old forms. However, we think it is important to call immediate attention to one very important change that could affect your claims.
When Claimant’s attorneys and Claimants file a WC-14 to create a new claim in ICMS, they will no longer be identifying the claims office upon doing so. The claims office will be identified when a WC-1 is filed by the Employer/Insurer/Claims Office. This appears to have the effect that hearings can be scheduled, and the Board will not send notice to the claims office directly unless and until a WC-1 is filed in that claim. Employers and Insurers must still be identified and should still be provided directly with notice from the Board.
The import of this is that the filing of a WC-1 is going to become even more important. Many of our clients do not file WC-1’s in “medical-only” claims, but not doing so could be a bigger risk in light of this rule change.
Additionally, it will be imperative that employers and insurers advise their claims offices when receiving a hearing notice or request for hearing or the odds of a hearing being missed may be significantly increased. There is substantial case law that notice to the employer or insurer is sufficient notice of a hearing, and both have a duty to report to each other any notice of hearing. Thus, we think it is likely that any hearing missed because the claims office did not receive notice is still likely to result in an adverse judgement if notice was provided to the employer or insurer.
If we can be of any assistance in navigating this change, please do not hesitate to contact us.