By: Dan Cauley, Associate, Atlanta

In order to control the medical care of an injured worker in Georgia, the employer must have maintained a valid Panel of Physicians.  Among other requirements listed under O.C.G.A. § 34-9-201, Georgia law requires the panel itself to include a list of at least 6 doctors, including at least 1 orthopedic surgeon, at least 1 minority physician, and no more than 2 industrial clinics.  These physicians must also be “reasonably accessible” to the injured worker.

Although it is difficult to anticipate every possible reason for which an injured worker may argue the panel is invalid, the following are responses to some of the more common arguments to help you defend against a claimant and his or her attorney based on recent legislative changes.

Is the panel really invalid because one of the providers has an incorrect name, address, or telephone number?

Not necessarily. Although we often hear this argument from claimants’ attorneys, there has been a recent trend in the courts in Georgia showing that simple clerical errors or slight deviations do not automatically render a panel invalid.  Instead, even with a clerical error, the question is whether the doctor was still “reasonably accessible” to the injured worker.  A good rule of thumb in determining whether the doctor is still “reasonably accessible” is if you can perform a Google search and easily obtain his updated contact information.  If the answer to the preceding question is “yes,” then you have a good argument that the doctor was still “reasonably accessible.”  Of course, if the doctor has moved, retired, or stopped accepting workers’ compensation patients, he or she will not count towards the minimum requirement of 6 panel physicians.

Is the panel really invalid because more than 1 of the 6 panel physicians practices at the same facility?

Not anymore. Recently, there was a significant (and favorable!) change to Georgia law concerning the panel doctor requirements. Ultimately, the legislature removed the requirement that each of the 6 panel doctors be independent from each other.  This means a panel may still be valid if it includes more than 1 doctor from the same practice.  On the other hand, if the panel only lists a practice without specifying any doctors, the claimant is entitled to select any physician at that facility.  This is why it is very important to have a well-maintained panel with specified doctors to help reduce the risk of an “unlimited selection.”

This shift in the law certainly favors employer and insurers, and is a step in the right direction towards avoiding unnecessary litigation and costs over panel issues. Hopefully, this trend will continue so that it will become increasingly difficult for an injured worker to prove the panel is invalid, and therefore, ensure his treatment remains with the panel providers as required by Georgia law.