Hi Team,
One of the most often questions asked of Georgia workers’ compensation attorneys is “what wording should I use and what reasons should I list on my notice to controvert?”
Here you go!
- Most Common Denial:
- No injury arising out of and in the course of employment. See O.C.G.A. 34-9-1. All other 34-9 defenses reserved.
- When a Work-related Disability has Resolved but Claimant Still Alleges Disability Due to Unrelated Condition:
- The disability complained of is no longer causally related to an injury or aggravation arising out of and in the course of employment. See O.C.G.A. 34-9-1.
- Claim is Barred by Statute of Limitations:
- Claim is barred by the statute of limitations. See O.C.G.A. 34-9-82.
- When Claimant Alleges Psychological Injury Without Physical Injury:
- Employee has no physical injury or physical disability arising out of and in the course of employment.
- Independent Contractor:
- Clamant is an independent contractor and not entitled to benefits under the Georgia Workers’ Compensation Act.
- All 350/400 Weeks of Disability Have Been Paid:
- All compensation due under the Act has already been paid to the Claimant for the injury date in question.
As always, feel free to reach out if you run into any Georgia questions/issues!
Sincerely,
John Fennelly, Junior Partner