State Board of Workers’ Compensation

EMPLOYEE WHO FAILED TO DISCLOSE PRIOR WORK INJURY STILL ENTITLED TO WORKERS’ COMP BENEFITS

EMPLOYEE WHO FAILED TO DISCLOSE PRIOR WORK INJURY ON JOB APPLICATION STILL ENTITLED TO WORK WITHIN RESTRICTIONS OR WORKERS’ COMPENSATION BENEFITS FROM CURRENT  EMPLOYER McDuffie v. Ocmulgee EMC, 338 Ga. App. 200, 789 S.E.2d 415 (2016), illustrated an extremely convoluted decision from the Georgia Court of Appeals. Ten judges participated in this decision. Three judges…

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JUST WHO HAS THE RIGHT TO REHAB ANYWAY? THE INVALIDITY OF SBWC RULE 200.2

I am convinced that rehabilitation services in non-catastrophic cases (which has historically been broadly defined to include case management)[1] should continue to be voluntary under O.C.G.A. §34-9-200.1(h) so that case management in any form can be terminated by the injured worker, and the right of the injured cannot lawfully be diminished by SBWC 200.2. SBWC…

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