2019 Changes to Georgia Workers’ Compensation Laws: An Analysis of SB 135

by Andrew G. Daugherty, Esq.
Hamilton, Westby, Antonowich & Anderson, L.L.C.

Senate Bill 135, passed by the Georgia Senate on March 5, 2019 and by the Georgia House of Representatives on March 28, 2019, has been sent to Georgia Governor Brian Kemp for signature. The Bill passed without a single legislator voting against it, and is expected to be signed into Georgia law. The effect of the […]


New Rule on Filing of a WC-1 in Medical Only Claims

by Georgia State Board of Workers Compensation
https://sbwc.georgia.gov

Effective January 1, 2019, the filing of a Form WC-1 will be required in all claims, including all “medical only” claims. Penalties will be assessed if parties fail to timely file a WC-1 after January 1, 2019, pursuant to the provisions of O.C.G.A. §§ 34-9-12(a), 34-9-18 and Board Rules. We are pleased to report that effective […]


Lingo v. Early County Gin, Inc., 2018 Ga. App. LEXIS 328

by Nicole Wong
Hamilton, Westby, Antonowich & Anderson, L.L.C.

This recent decision from the Court of Appeals affects the employer’s entitlement to a favorable presumption that an on-the-job accident was caused by the employee’s ingestion of marijuana. The employee in this case was involved in a workplace accident when he was struck by a truck which crushed his body against a loading dock. He was […]


Recommendations for Controlling Costs in Georgia Workers’ Compensation Claims

by William N. Anderson
Hamilton, Westby, Antonowich & Anderson, L.L.C.

I. INTRODUCTION Every case has unique facts and situations and, as such, the best method of handling each case will vary. This paper is intended to provide an Employer/Insurer with steps which may be taken before a claim is made which will prove beneficial later, as well as tools which are available for an Employer to help […]


Georgia Supreme Court Strengthens Willful Misconduct Defense in Georgia Workers’ Compensation Cases

by Andrew G. Daugherty, Esq.
Hamilton, Westby, Antonowich & Anderson, L.L.C.

In a decision that will affect all Employers and Insurers throughout the State, the Georgia Supreme Court overturned decades of precedent and pumped new life into the willful misconduct defense to workers’ compensation claims. The case, Chandler Telecom LLC v. Burdette, 300 Ga. 626 (2017) was handled by Andrew G. Daugherty of Hamilton, Westby, Antonowich […]


Recent Georgia Court of Appeals Case Interpreting O.C.G.A. §34-9-104 and Board Rule 104, City of Atlanta v. Sumlin (A02A1232)

by William N. Anderson
Hamilton, Westby, Antonowich & Anderson, L.L.C.

A three member panel of the Georgia Court of Appeals issued an opinion on November 14, 2002 which clarifies the language of O.C.G.A. §34-9-104 and how it must be implemented in order to reduce an employee’s benefits from temporary total disability benefits to temporary partial disability benefits. The case is the City of Atlanta v. Clarence Sumlin (—- […]


Return to Work Under the New Board Rule 240 and O.C.G.A. § 34-9-240

by Eric S. Proser
Hamilton, Westby, Antonowich & Anderson, L.L.C.

I. Introduction One of the intended goals of the Georgia Workers’ Compensation Act is to return injured employees to gainful employment. The “240 procedure,” based on O.C.G.A. §34-9-240 and Board Rule 240, is Georgia’s vehicle to return partially disabled workers to an approved and suitable job. This procedure, when properly implemented, allows the employer to unilaterally […]


Americans With Psychological Disabilities

by Dr. David B. Adams
Clinical Director of Atlanta Medical Psychology

“Is a psychological disorder the same as a psychological disability? Is it not possible to have a disorder and not be disabled?” Unquestionably. Under the Americans with Disabilities Act, the following psychological disorders are considered potentially disabling conditions: Major Depressive Disorder  Bipolar Disorder (Cf. Manic Depressive Disease)  Panic Disorder  Obsessive Compulsive Disorder  Schizophrenic Disorders  Personality Disorders  Drug […]


Avoiding Unforeseen Liability When Employing Contingent Workers

by William N. Anderson
Hamilton, Westby, Antonowich & Anderson, L.L.C.

This paper was written and presented by Mr. Anderson in December 1998 as part of a workers’ compensation seminar offered by the Council on Education in Management. The seminar is designed for employers, insurers, self-insureds and anyone involved with the management of workers’ compensation claims. If you would like to obtain more information on this seminar […]


Developing A Step by Step System for Gaining the Most Information… Legally

by Joseph T. Brasher
Hamilton, Westby, Antonowich & Anderson, L.L.C.

I. Introduction  This paper will focus on guidelines for developing a strategy to effectively manage and analyze injuries which occur in the work place. By implementing the procedures detailed in this presentation, an employer may disseminate out legitimate claims from fraudulent claims. Different levels of injury will call for different levels of investigation. A substantial, […]