Not every claimant successfully obtains Georgia workers’ compensation benefits on their first try, but some denials can be reversed on appeal. However, employers and insurance companies can also appeal an award of benefits, as in the situation in a recent workers’...
Month: November 2010
Court Denies Benefits for Specific Surgery, Finding Procedure was Considered “Alternative Medicine”
Georgia workers’ compensation claimants can encounter problems when requesting certain treatments. In a recent case before one state’s supreme court, the court had to consider whether a worker’s back surgery she had performed in Germany was compensable. The worker...
Death Benefits under Georgia’s Workers’ Compensation Act
In the tragic event of a family member’s death while they are at work, Georgia families may be entitled to death benefits under the Georgia’s Workers’ Compensation Act. These death benefits, which are meant to ease the financial burden on the worker’s family, may be...
Court Explains There Is No Need to Show Fault in Workers’ Compensation Claims
Workers’ compensation claimants are not required to show that their employers were at fault in order to succeed in a Georgia workers’ compensation claim. In a recent state appellate decision, the court reversed the decision of a workers’ compensation judge,...
Court Explains There Is No Need to Show Fault in Workers’ Compensation Claims
Workers’ compensation claimants are not required to show that their employers were at fault in order to succeed in a Georgia workers’ compensation claim. In a recent state appellate decision, the court reversed the decision of a workers’ compensation judge,...
Georgia Appeals Court Reinstates Award for Teacher’s Fall in Classroom
In a recent case, a Georgia appeals court reinstated a teacher’s claim for Georgia workers’ compensation benefits after it was appealed for the third time. The teacher brought the claim for benefits after she injured herself at work. The teacher was instructing fifth...
Court Denies Workers’ Compensation Benefits Due to Failure to Raise Issue During Initial Hearing
Georgia workers’ compensation claimants must be cognizant of the state’s procedural rules and requirements in order to bring a successful claim. In a recent workers’ compensation case, a claim for benefits was denied on appeal after the claimant raised an issue for...
Court Denies Medical Marijuana Request Due to Federal Controlled Substances Law
As states continue to legalize medical marijuana, courts handling workers’ compensation cases have to consider whether it can be covered as medical treatment. As Georgia expanded its medical marijuana program last year, this issue could soon arise in Georgia workers’...
Court Denies Benefits for Claimant Hit by Drunk Driver While Walking Back to Hotel
Generally speaking, Georgia workers’ compensation claimants may be entitled to benefits if they are injured while working at an out-of-town job site. However, in a recent case a court rejected a claimant’s request for benefits after he was hit by a drunk driver while...
Court Refuses to Consider Evidence of Drug Test in Workers’ Compensation Case Based on Unknown Chain-of-Custody
In a recent case, an appeals court considered whether a positive drug test could be used against a claimant who was denied Georgia workers’ compensation benefits. The Facts of the Case The claimant was employed at a cotton gin company. He was working at the loading...