Atlanta Workers Compensation Law

20% Late Penalties on Approved Liability Stipulations

Daniel O'Connell — Fri, 02 Mar 2012 18:44:52 -0500

When an employer/insurer and an injured worker enter into a stipulated settlement agreement, the agreement, or "stip," is sent to the State Board of Workers' Compensation for approval. Once the stip is approved by the Board, the insurance company must issue payment within 20 days; if it does not it will owe an additional 20% late penalty. O.C.G.A. § 34-9-221(f).

Because of a recent decision by the Georgia Court of Appeals, it is now easier for an injured worker to collect the 20% late penalty when he or she enters into a stipulated (liability) settlement rather than a no-liability settlement. Why? Because in Brewer v. Wellstar et. al., the court ruled that the State Board of Workers' Compensation has no discretion, under O.C.G.A. § 34-9-15(b), to decide whether an employer/insurer must pay the 20% late penalty if they fail to pay settlement proceeds in a stipulated settlement within 20 days.

In Brewer, the parties filed a stipulated settlement agreement with the Board, and the Board approved the same. However, the insurance company never received the automated e-mail notice that the stip had been approved, and did not issue payment. After twenty days had passed, the injured worker's attorney requested that the 20% late penalty be imposed on the employer/insurer. The employer/insurer then issued payment, without a 20% late penalty, within one week of being notified that payment was late.

The Appellate Division of the Board found that because the employer/insurer did not receive notice that the stip was approved, payment was not due 20 days after the approval of the stip, and thus the employer/insurer could not be penalized for failing to issue payment within 20 days. The Court of Appeals overruled the Appellate Division's finding, however, and held that the Board's discretion to determine whether late penalties are owed applies only to no-liability settlements and not liability settlements.

Workers' comp claim denied because of a positive drug test?

Seth Bader — Wed, 29 Sep 2010 19:01:54 -0500

Every now and then I receive a call from a potential client who asks whether the insurance company could deny their claim based upon a positive drug test, and if so, whether there was anything I could do to help them. In response, I ordinarily explain that a positive drug test doesn't help matters, but that it doesn't mean the insurance company has a valid basis for denying the claim.

You see, Georgia law doesn't say that an insurance company can deny a claim based upon a positive drug test; in general, it says that an insurance company can deny a claim if the injured worker was intoxicated and the accident occurred as a result of the intoxication. In other words, an injured worker can be entitled to workers' comp benefits even if he or she was high as kite when the accident occurred. They simply need to show that their intoxication in no way caused or contributed to their accident.

For example, if the injured worker was a passenger in a delivery truck when the truck was struck by an oncoming driver (who was at fault), then the injured worker would be entitled to workers' comp benefits even if his positive drug test was valid, and even if he admits that he was high as a kite.

There are other cases in which a positive drug test may not be valid or admissible, and in those cases, the injured worker may also be entitled to workers' comp benefits as well. Of course, each case is different and these issues can be complicated. For this reason, we strongly encourage you to seek the help of an experienced workers' compensation attorney who can analyze your case and determine the best way to proceed.

OSHA Cites GA Company Following Amputation Accidents

Seth Bader — Mon, 14 Dec 2009 07:59:04 -0500

Following up on in a recent article in which it reported that OSHA is cracking down on businesses with workplace violations, the Atlanta Business Chronicle now reports that OSHA recently fined Crespac, Inc. $266,400 and issued 34 safety and health violations following two workplace accidents that resulted in amputations.

Director of OSHA's Atlanta-East Area Office, Gei-Thae Breezley, stated:

"In both instances, management knew of deficiencies but acted with plain indifference by failing to correct the problems in a timely manner that could have prevented these amputations."

OSHA cited Crespac for failing to ensure that all machines had proper safety guards and functioning emergency-stop cords. OSHA also cited Crespac for repeat violations related to having slippery and wet floors, allowing employees to operate machines with broken parts, failing to properly train forklift operators, and failing to provide proper fire and training equipment.

In addition, OSHA found that Crespac failed to conduct timely inspections of certain equipment, and that there were deficiencies in its record-keeping of OSHA-incident logs.

Crespac -- which is located in Tucker, Georgia -- designs, develops, and makes custom thermoformed parts and packaging.

Alabama Company Faces OSHA-Proposed $79,300 in Safety Violation Penalties

William Clouse — Thu, 30 Jul 2009 13:44:24 -0500

Following the death of a Robins Air Force Base worker in March, the Occupational Safety and Health Administration (OSHA) has deemed ASM-Sanders Inc, of Madison, Alabama, responsible for safety violations. OSHA has proposed a total of $79,300 in penalties to be paid by the company.

In March, a Robins Air Force Base employee died in a chilled water line testing accident, after suffering severe head injuries. OSHA discovered that ASM-Sanders used compressed air, rather than the manufacturer-recommended hydrostatic testing, to conduct tests for leaks in chemical welds of chloride pipes. This violation, along with other alleged violations in the workplace led OSHA to propose the approximately $80,000 penalty.

ASM-Sanders has 15 business days from the date of the receipt of the citations to comply or argue the penalities.

OSHA Issues 'Safety First' Message , Proposes $145,000 in Penalties for Safety Violations

William Clouse — Mon, 27 Jul 2009 16:14:19 -0500

The Occupational Safety and Health Administration (OSHA) is intent on protecting workers and preventing accidents in the workplace. So intent, that they proposed a total of $145,000 in penalties to be paid by SKAPS Industries, who displayed multiple instances of failing to adhere to U.S. Department of Labor standards.

SKAPS' three plants, located in Commerce, Ga., Athens, Ga., and Pendergrass, Ga., accumulated 24 serious violations, according to the article. The Pendergrass and Athens plants will cost SKAPS the majority of the penalties, and each one is responsible for an estimated $44,000 due to- not having conducted annual audiograms for their workers, who are exposed to harmful noise.

Other violations, exhibited by all three plants, include a variety of safety precautions not being taken. Omitting necessary OSHA-instituted responsibilities such as developing a "written hazards communication" program, marking emergency exits, instructing operators with lockout and tag-out requirements and providing protection from arc welding rays and electrical hazards will cost SKAPS approximately $51,800.

OSHA's Atlanta-East Area Office Director Gei-Thae Breezley is adamant when it comes to taking all safety precautions possible.

"This company should not wait until a serious injury or death occurs to any of its more than 225 employees before making needed changes in its safety procedures. When a company persists in ignoring its responsibilities, OSHA will step in to protect workers' safety," remarked Breezley.

Atlanta Faces $13 Million in ADA Violations

William Clouse — Mon, 27 Jul 2009 13:45:37 -0500

After a thorough auditing of facilities within the city, the Justice Department informed Atlanta City Council members that the city will need to cough up a whopping $13 million due to violations of the Americans with Disabilities Act (ADA). The ADA, set forth by President George H. W. Bush in 1990, is a civil rights law that prohibits discrimination based on disability. My FOX Atlanta reports that a variety of Atlanta amenities, from City Hall elevators to Chastain Amphitheater seating, did not properly cater to the disabled.

Despite the ADA's nineteen-year existence, this was Atlanta's very first Justice Department-auditing. Now, at a time when its financial future and security is in serious question, the city must find a speedy solution to the hefty costs. Council members will vote today on a proposed 6-year, $2-million-a-year plan.

City Council Finance Chair Howard Shook is trying to address both the seriousness of the defects and the financial burden with which he is confronted.

"We have to remedy this lists of defects. Period. Some of these defects go back before this current administration," remarked Shook.

He went on to say that "It could not come at a worse time. We're scraping for nickels and dimes under the sofa cushion to make sure we have cops on the streets and the lights are turned on."

Ascension Inc. Acquires Haas &Dodd

William Clouse — Fri, 17 Jul 2009 14:45:49 -0500

Ascension Insurance, Inc., a Kansas City-based company, announced its recent acquisition of Atlanta-headquartered Haas & Dodd Insurance, Inc. Ascension's gaining of Haas & Dodd, effective July 1, 2009, marks the second strategic purchase from the Atlanta market in the company's recent history, following the January 2008 acquisition of Bryant Wharton.

Interested in expanding business in Atlanta and throughout the southeast, Ascension will look to utilize Haas & Dodd's history of reputable service in a collective effort to broaden its high-level brokerage and risk management services to customers.

Haas & Dodd president Charles Meriwether is eager and excited to join Ascension, intent on continuing a long-standing history of helpful expertise for its clients.

2009 Workers' Comp Conference Agenda Recently Released

William Clouse — Fri, 17 Jul 2009 10:59:53 -0500

The State Board of Workers' Compensation recently published its agenda for its Annual Educational Conference, which is scheduled to take place in Atlanta from August 30th to September 2nd. In addition to the annual case law update, speakers will, among other things, be discussing:

The AMA Guidelines to Permanent Impairment;
Permissible Uses of the Form WC-207/Authorization for Release of Medical Information;
Management of Catastrophic Events in the Workplace;
Ethical Challenges in Medical Case Management of Work-Related Injuries; and
The "Never Ending Change in Condition vs. New Injury Saga."

Personally, I'm looking forward to the sounds of Vince Vance and the Valients at the Tuesday Night Dinner and Dance.

City of Atlanta Continues to Ignore Injured Policemen's Workers' Compensation Concerns

William Clouse — Thu, 09 Jul 2009 12:05:06 -0500

Imagine risking your life day-in and day-out in an effort to improve and uphold the safety of Atlanta, only to have that same city renege on its promise to medically compensate your on-the-job injuries. Debilitated policemen and women across Atlanta have been facing this dilemma for years and are continuing to fight it.

Atlanta Mayor Shirley Franklin has recently diverted the media's focus to a comment directed toward her by a frustrated officer named Scott Kreher, who expressed his aggravation by saying he wanted to "beat Franklin with a baseball bat." Kreher was suspended from protecting the streets for this ill-perceived "threat."

The injured policemen and women, many of whom are wheelchair-ridden, have had their medical bill concerns fall on deaf ears, according to the article. Earning a salary that hardly speaks for the bravery and dedication that they maintain, the cops have a legitimate worry when facing financially steep, weekly trips to the doctor.

Franklin, who reportedly claims she does not "know a person who wants anyone to say, 'I want to beat you in the head,'" went so far as to have the feds investigate the comment made by Sgt. Kreher. Clearly, Franklin is not entirely in touch with the hostility in her own city, as such "objects of violence" are exhibited and directed toward her own policemen on a daily basis.

Gracias Abogado Bader; Valio La Pena!!

Seth Bader — Tue, 30 Jun 2009 17:07:31 -0500

El abogado Bader me ayudo, y aunque el proceso fue un poco largo, VALIO LA PENA! Gracias abogado Bader por toda su ayuda!!

Juan M.

Lawrenceville, GA

Notable Changes to Medical Fee Schedule (2009)

Seth Bader — Fri, 19 Jun 2009 12:15:49 -0500

The State Board of Workers' Compensation (SBWC) recently posted a list of notable changes to the 2009 Medical Fee Schedule. Some of these changes include:

CPT Codes - CPT Codes were updated with code additions, deletions, and revisions in accordance with the AMA.
IME Rates - Rates for Independent Medical Examinations have increased to $600.00 for the first hour, and $150.00 for each additional 15 minutes.
Physician Testimony - Rates for physicians giving testimony have increased to $600.00 for the first hour and $150.00 for each additional 15 minutes.
Emergency Transportation - Ambulance and Air Services have been added to the Fee Schedule.
Non-Emergency Transportation - Reimbursements for non-emergency transportation have increased by 1.7%.
Home Health Services - Hourly rates for home health services have increased by 1.7%.
Medical Records Charges - Reimbursement for copies of medical records remains unchanged from 2008.
Pharmaceutical Charges - Reimbursement for pharmaceuticals remain unchanged from 2008.

You can see other notable changes that have been made to the Medical Fee Schedule by visiting the SBWC's website.

Buen Trabajo Garantizado!

Seth Bader — Thu, 11 Jun 2009 12:47:36 -0500

Yo Gladis, estoy muy satisfecha con el abogado Seth Bader y Alejandra Silva por haberme ayudado en mi caso, y muy contenta por haber recibido una compensación satisfecha, y se los recomiendo que hacen un buen trabajo garantizado.

Gladis B.

Lawrenceville, GA

Norcross Chiropractor Sentenced for Fraud

Seth Bader — Fri, 16 Jan 2009 08:26:14 -0500

Stephen Catterton, a chiropractor in Norcross, Georgia, was recently sentenced to prison for health-care fraud and possession with intent to distribute testosterone. According to U.S. Attorney David E. Nahmias, Catterton "lied to insurers about what services he was providing to patients, defrauding the insurers of more than $1.2 million."

Catterton was sentenced to three years and one month in prison, and was ordered to make full restitution to all of his victims. Of course, Catterton, and others like him, can never really make full restitution because, as Nahmias explained, "False claims like these . . . lead to higher health care costs for everyone."

Perfume-Aggravated Pre-Existing Condition Found Compensable

Seth Bader — Wed, 14 Jan 2009 22:13:11 -0500

Jon Gelman, Esq., publisher of Workers' Compensation: Analysis of Trends and Developments in Workers' Compensation Law Throughout the United States, recently blogged about a New Jersey case in which a nurse was awarded workers' compensation benefits for a pre-existing pulmonary condition that was aggravated by exposure to perfume at work.

The facts of the case, as described by Gelman, are truly remarkable: The nurse was a 64-year-old woman who smoked one pack of cigarettes a day for more than 40 years, and, not surprisingly, suffered from a severe pre-existing obstructive lung disease when she began working for the employer. Subsequently, in the course of her employment, she had a severe reaction when a co-worker sprayed herself with perfume on two occasions, and she eventually became "oxygen dependent" and was forced to stop working.

According to Gelman, the court found that "[t]he air [that the nurse] had to breathe . . . to fulfill her contract of service, contaminated by a co-employee, was a condition of [her] employment . . . and thus a risk of "this" employment." For this reason, the court ruled that the nurse suffered a compensable injury that entitled her to workers' compensation benefits. Not surprisingly, the court also explained that "[e]mployers take their employees as they find them, 'with all of the pre-existing disease and infirmity that may exist."

Psychic Injuries Are Compensable, Rules GA Court

Seth Bader — Sat, 10 Jan 2009 10:45:55 -0500

The Georgia Court of Appeals recently affirmed well-settled law when it held that a school bus driver was entitled to workers' compensation benefits for depression, anxiety, and an adjustment disorder, all of which she developed after suffering an asthma attack in the course of her employment with the DeKalb County Board of Education. In so ruling, the Court rejected the school board's contention that the bus driver, Tracy Singleton, suffered from only mild depression and anxiety.

Georgia case law provides a two-part test for determining whether a psychological injury is compensable: first, the psychological injury must arise out of an accident in which a compensable physical injury was sustained; and second, while the physical injury need not be the precipitating cause of the psychological condition or problems, at a minimum the physical injury must contribute to the continuation of the psychological trauma.

Several physicians concluded that Singleton's asthma attack was caused or aggravated by exposure to fire extinguisher residue and fumes from cleaning products on her school bus. In addition, a psychologist diagnosed her with an "adjustment disorder with depression" and concluded that she "has too much anxiety about driving the bus to be placed in that position, as it may not be safe because it could be unpredictable for her to do so.”

Concerned that she might jeopardize her and her passengers' safety, Singleton refused to return to work for the School Board as a bus driver; however, she was willing to return to work if an indoor job was offered. The School Board never offered her an indoor job and, eventually, terminated her for "job abandonment."

After an evidentiary hearing, an administrative law judge found that Singleton sustained a compensable inhalation injury that aggravated her pre-existing asthma (a physical injury), and that her depression, anxiety, and adjustment disorder were compensable under the two-part test outlined above. Specifically, he concluded,

not only has the asthma attack contributed to the continuation of the psychic trauma, but the asthma attack precipitated the psychic trauma. As detailed by Dr. Kelly, [Singleton's] difficulty in adjusting to the job accident has resulted in symptoms of depression and anxiety. [She] has a deep-seated fear that if she returns to unrestricted work as a bus driver, she could experience another attack while transporting children that could result in serious injuries to the children or her.

The Appellate Division of the State Board of Workers' Compensation and the superior court affirmed the decision. The School Board then filed a discretionary appeal with the Court of Appeals; however, applying the "any evidence" rule, the Court affirmed the decision after finding that there was evidence that Singleton's psychological injuries were not "mild" and originated with and continued as a result of her work-related asthma attack.

Online Filing Now Available at the State Board

Seth Bader — Thu, 08 Jan 2009 05:49:26 -0500

The State Board of Workers' Compensation recently announced that attorneys registered to use the State Board's online filing system can check claim files and/or file claim documents using a computer available in the 7th Floor lobby of the State Board's Atlanta office. This should be particularly helpful to attorneys waiting for hearings or mediations.

In addition to registering for the online filing system, the State Board asks that each attorney (not just each law firm) practicing Georgia workers' compensation email the following information to ICMSprep@sbwc.ga.gov:

Attorney's Name
Attorney's Georgia Bar Number
Attorney's Primary Email Address
Attorney's Alternate Email Address(es) [Maximum of Three]
Attorney's Phone Number

According to the State Board's website, attorneys who register for the online filing system and provide an email address will be able to receive immediate electronic notifications of any document filed in a particular claim.

If you have questions regarding the online filing system, you likely will get your answer from Ms. Damaris Jones, Deputy Director of Process Improvement & Oversight. Her email address is jonesd@sbwc.ga.gov.

Mill Worker Killed in Accident at Golden Peanut Company in Asburn, Georgia

Seth Bader — Sun, 21 Dec 2008 15:11:17 -0500

WALB News and the Atlanta Journal-Constitution (AJC) recently reported that 24-year-old Keith Branch, an employee at the Golden Peanut Company, suffered a crushed chest after he was pinned between a railroad car and a tractor-trailer rig. He was rushed to Tift Regional Hospital where he was pronounced dead. According to both news outlets, the Occupational Safety and Health Administration were planning to investigate the cause of the accident.

Accidente Del Jardin Botanico De Atlanta Mata Un Trabajador De Construccion Y Deja Otros Heridos

Seth Bader — Sun, 21 Dec 2008 08:33:10 -0500

Un trabajador de la construcción fue matado y varios otros fueron heridos el viernes temprano cuando un puente pedestre desplomó en la Jardín Botánico de Atlanta. Según informes, los trabajadores vertían cemento para la atracción nueva de "Caminata de Dosel" de Jardín -- un puente pedestre elavado de 45 pies de altura -- cuando el desplome ocurrió y dejando caer los trabajadores cuarenta pies.

Los trabajadores heridos fueron transportados por ambulancia al Grady Hospital o Atlanta Medical Center. Ni los nombres de los trabajadores heridos ni sus heridas exactas han sido hechos público; sin embargo, sus heridas incluyen magulladuras, heridas espinales graves, y heridas traumáticas de cerebro.

La causa exacta del desplome es todavía desconocida; sin embargo, el viernes por la tarde, los investigadores de la Administración Profesional de Seguridad y Salud (OSHA) investigaban cómo el accidente occurio y si estándares apropiados de seguridad fueron encontrados.

Si usted necesita un abogado de herida personal o abogado de compensación de trabajadores, usted puede girar al abogado Seth Bader, quien habla espanol. Para planificar una consulta gratis con el abogado Seth Bader, por favor nos llama al 404.917.9174.

Collapsed 'Canopy Walk' Leaves One Construction Worker Dead and Several Others Injured -- Atlanta Botanical Garden

Seth Bader — Sat, 20 Dec 2008 05:55:41 -0500

One construction worker was killed and several others were injured early Friday when a pedestrian bridge collapsed at the Atlanta Botanical Garden. According to reports, the workers were pouring concrete for the Garden's new "Canopy Walk" attraction -- a 45-foot-high, 600-foot-long elevated walkway -- when the collapse occurred, dropping the workers as far as forty feet.

Injured workers were taken by ambulance to Grady Hospital or the Atlanta Medical Center. Neither the names of the injured workers nor their exact injuries have been made public; however, their injuries reportedly range from bruises to serious spine and traumatic brain injuries. The one known fatality was to Angel Chupin, a 66-year-old Hispanic male who apparently died of blunt force injuries.

The exact cause of the collapse is still unknown; however, on Friday afternoon, investigators from the Occupational Safety and Health Administration (OSHA) were investigating how the accident occurred and whether proper safety standards were met.

Looking for a Workman's Comp Attorney in Atlanta, GA?

Seth Bader — Thu, 11 Dec 2008 13:53:51 -0500

The Bader Law Firm represents injured workers and is dedicated to helping them obtain the best possible medical treatment and maximum compensation allowable under Georgia's Workers' Compensation Laws.

To learn more about your workers' compensation rights under Georgia law, you can visit the Questions and Answers section of our blog. You can also speak with an experienced workers' compensation attorney by calling us at 404.917.9174 by sending us an email.

All consultations are free, and we do not collect any fees unless we help you recover cash benefits or obtain a cash settlement.