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Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

Panels, Pandemics, Premiums, and Partnerships

This Survey Article explores legislative developments and judicial decisions by Georgia courts involving panels of physicians, joint ventures, subrogation, setting aside settlements, and insurance premiums to provide practitioners, academics, and law students with a comprehensive overview of the ever-evolving legal framework governing workers’ compensation in Georgia during the survey period.

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The Survey period featured limited legislation. House Bill 1409 increased the maximum rate of temporary total disability benefits from $675 to $725 and increased the maximum rate of temporary partial disability benefits from $450 to $483. Similarly, the maximum amount of death benefits payable to a sole surviving spouse was increased correspondingly from $270,000 to $290,000.

While not an amendment directly to the Workers’ Compensation Act (the Act), it is noteworthy that House Bill 389 amends the definition of “employment” applicable to the “Employment Security Law.” This definition now includes services performed for wages unless the Department of Labor makes …

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The June 1, 2020 through May 31, 2021 survey period was notable for a limited number of appellate decisions—which included an impactful decision from the Georgia Supreme Court overruling decades of prior precedent—and no legislation.

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The 2019–2020 survey period again featured decisions from the Georgia Court of Appeals over an interesting array of workers’ compensation topics including: robberies, misrepresentations, calculation disputes, and various potential employment situations. There was no legislation of significance during the period.

Worker's Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The 2018–2019 survey period featured important legislative changes as well as interesting decisions of the appellate courts addressing workers’ compensation issues on such wide-ranging topics as scheduled break exceptions, the Insolvency Pool, and occupational diseases.

• Legislative Update
• Intoxication and Drug Testing
• Ingress—Egress on Scheduled Breaks
• Insolvency Pool
• Evidence in Seeking Catastrophic Designation
• Exclusive Remedy
• Attorney's Fees
• Standard of Review/Occupational Disease

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The 2016-2017 survey period was relatively quiet for workers' compensation developments, but the workers' compensation system was nonetheless impacted by appellate decisions during this period. Such decisions involve issues ranging from statutes of limitations to willful misconduct, including two decisions from the Georgia Supreme Court reversing cases featured in last year's survey.

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The 2015 - 2016 survey period featured decisions of the appellate courts impacting the workers' compensation system on issues ranging from willful misconduct to statutes of limitations.

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The 2014-2015 survey period included decisions of the appellate courts on a wide variety of issues impacting the workers' compensation system, ranging from the average weekly wage to the statutes of limitation.

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

While there was no legislation impacting the Workers' Compensation Act during the 2013-2014 survey period, the period featured notable decisions of the appellate courts involving core issues of the Act, including notice, average weekly wage, return to work, and change in condition.

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The 2012-2013 survey period featured notable decisions of the appellate courts in a wide range of areas along with legislation impacting the Workers' Compensation Act' in several important areas, including a 400-week cap on medical benefits.

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The 2011-2012 survey period featured decisions of the appellate courts in areas ranging from medical privacy to diligent job searches, with only minor legislation impacting the Workers' Compensation Act.

Workers' Compensation, H. Michael Bagley, J. Benson Wood

Mercer Law Review

The 2010-2011 survey period featured decisions of Georgia appellate courts in areas ranging from medical care to intervening accidents, with no significant legislation impacting the Workers' Compensation Act

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The survey period from June 1, 2009 to May 31, 2010 was notable for several decisions of the Georgia Court of Appeals in areas ranging from temporary exacerbation of preexisting injury to choice of law. Minimal legislation was enacted in these areas.

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

There were minimal legislative changes during the survey period from June 1, 2008 to May 31, 2009, but several interesting decisions were issued by the Georgia Court of Appeals. Among those were cases affirming the exclusive remedy doctrine, a case providing insight on the applicability of statutory employment when the general contractor is an owner in possession of the property, and several statute of limitations cases

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon

Mercer Law Review

The year 2007 was relatively quiet for workers' compensation legislation in the Georgia General Assembly. However, there were several statutory modifications of note.

The Georgia Workers' Compensation Act has long excluded "farm laborers" from its coverage. The scope of that exclusion was clarified by including within the term farm laborer "any person employed by an employer in connection with the raising and feeding of and caring for wildlife, as such term is defined in paragraph (77) of [Official Code of Georgia Annotated ("O.C.G.A.")] Section 27-1-2." The Code section referenced defines wildlife as "any vertebrate or invertebrate animal life indigenous to …

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon

Mercer Law Review

There was minimal legislation during the 2006 term of the Georgia General Assembly that impacted workers' compensation. In fact, most of the legislative changes could be characterized as general housekeeping measures. For example, Official Code of Georgia Annotated ("O.C.G.A.") section 34-9-104 was changed to make its wording consistent with that found in other sections of the Workers' Compensation Act. The mandate that the employee shall receive notice from the employer was changed to provide that the employer shall send notice to the employee. The time limit for submitting mileage expenses was clarified as running one year from the date that …

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon

Mercer Law Review

The Chairman's Advisory Council of the State Board of Workers' Compensation again submitted significant legislation for 2005. Perhaps the most significant amendment to the Workers' Compensation Act concerns the determination of catastrophic designation. If an injury has not already been accepted as a catastrophic injury by the employer, and the authorized treating physician has released the employee to return to work with restrictions, there will be a rebuttable presumption, during a period not to exceed 130 weeks from the date of injury, that the injury is not a catastrophic injury. In making a determination as to whether an injury is …

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon

Mercer Law Review

This survey period brought minimal changes in workers' compensation legislation, but several interesting decisions were issued. Among those decisions are cases confirming the exclusive remedy provisions of the Workers' Compensation Act (the "Act"), a case involving an injury that occurred when an employee was on a lunch break, and several statute of limitations cases.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon, Marion H. Martin

Mercer Law Review

No abstract provided.

Worker's Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon, Marion Handley Martin

Mercer Law Review

For workers' compensation, the 1999-2000 survey period was largely notable for a number of legislative changes and for another year in which Georgia's appellate courts dealt with numerous cases interpreting the exclusive remedy provisions of the Workers' Compensation Act. As always, however, the appellate courts also decided numerous workers' compensation cases, with issues ranging from the "any evidence" rule to superior court judgments.

Additional legislative activity is possible in the coming year as a special commission appointed by Governor Barnes readies a report, due in April 2001, on proposed changes to the workers' compensation system.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon, Marion Handley Martin

Mercer Law Review

For the second year in a row, the survey period passed without dramatic legislative changes to Georgia's Workers' Compensation Act ("the Act").' Georgia's appellate courts, however, were active once again in examining the exclusive remedy doctrine and interpreting the Act's subrogation provisions.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon, Marion H. Martin

Mercer Law Review

The 1997-98 survey period was marked by a relatively calm legislative session with respect to workers' compensation, in sharp contrast to the significant legislation that has reshaped the Georgia's Workers' Compensation Act this decade. As usual, however, the appellate courts were active in the workers' compensation arena, issuing decisions over a broad range of issues. In particular, significant rulings affected change in condition cases, the intoxication defense, and the ongoing issue of psychological injury.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr., Katherine D. Dixon

Mercer Law Review

The 1996-1997 survey period was an active one in the field of workers' compensation. Significant decisions were handed down in a number of areas that will significantly impact important parts of the workers' compensation system.

The first section of this Article reviews what, by comparison to previous years, was a relatively mild legislative session with regard to workers' compensation. The next two sections address important cases that affect the Drug-Free Workplace Act' and the defense of cases involving intoxication as well as important cases involving a claimant's burden of proof to show a change in condition. The remainder of the …

Workers' Compensation And The Compensability Of Attenuated Injuries: "One Man's Stress Is Another Man's Pleasure", Jack Pritchard

Mercer Law Review

The compensability of stroke-related deaths in workers' compensation cases is a hotly contested matter, and the compensability of strokes precipitated by so-called job-stress has run a dividing line between Georgia courts. This Article will provide the reader with the history of the law which gave rise to this particular issue and develop the controversy while determining the reasoning behind the opposing opinions. This Article will also provide the reader with some insight into the practical effects of a Georgia Supreme Court decision on this issue one way or another.

In order to aid the reader in a more complete understanding …

The Emerging Bad Faith Cause Of Action Takes On The Exclusive Remedy Doctrine, Robert R. Potter, Joan T.A. Gabel

Mercer Law Review

The Georgia Workers' Compensation Act ("the Act") and the related regulations establish a system of comprehensive medical coverage and income benefits for employees who suffer work-related injuries. Workers' compensation is a statutory scheme that grants the injured employee a sure remedy of scheduled income benefits and medical coverage without regard to fault; in exchange, the employer and insurer escape the high costs of litigation and the threat of compensatory and punitive damages. Under this quid pro quo, employees injured at work have as their exclusive remedy the workers' compensation system, thereby giving rise to the "exclusive remedy doctrine." The integrity …

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr., Phillip Comer Griffeth

Mercer Law Review

Perhaps the most interesting developments this survey period came from the many opportunities the Georgia Supreme Court had to tackle difficult issues in the workers' compensation arena, especially when the court rarely hears workers' compensation appeals. From what some would call drastic developments in the claimant's burden of proof in change in condition cases, to an examination of Georgia's long-standing requirement of a "physical injury" in psychological claims, the court was faced with some interesting legal arguments. Although these opinions may not require legislative intervention or clarification, the Chairman of the State Board's advisory committee will no doubt continue to …

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr., Phillip Comer Griffeth

Mercer Law Review

This survey period again saw the introduction of a package of amendments to the Workers' Compensation Act (the "Act") steered through the legislative process by the Chairman of the State Board of Workers' Compensation (the "State Board") and his advisory committee. Though not as dramatic as in past years, subtle changes could have significant impact. The bulk of the amendments arose out of the Board's increasing concern about fraud and abuse in the state's workers' compensation system. Meanwhile, the state's appellate courts continued to tackle the complex issues surrounding compensability of heart attack and psychological injury claims. For the most …

The Employer's/Insurance Carrier's Right To Subrogation Under The Georgia Workers' Compensation Act (O.C.G.A. Section 34-9- 11.1): How Long Will It Last?, Gregory T. Talley

Mercer Law Review

Workers' Compensation laws require an employer to pay workers' compensation benefits to any covered employee injured within the scope of employment regardless of fault. This obligation is unaffected by the fact that the injury requiring the employer to pay benefits is often caused by the negligence of a third party unrelated to the employment relationship. For this reason, most Workers' Compensation Acts provide the innocent employer or insurance carrier a right of subrogation against the recovery from any responsible third party tortfeasor to the extent of benefits paid to the injured employee. This type of reimbursement scheme prevents double recovery …

Change In Condition And New Accident: The Difference Between The Two, Elements Of Each, And Burdens Of Proof, Michael F. Antonowich

Mercer Law Review

This Article is designed as a survey of the law on the theories of new accident and change in condition. It will compare and contrast these two theories, which compromise one of the most often litigated areas of workers' compensation law. The respective burdens of proof are placed on the employee/claimant and the employer/insurer when either alleges a change in condition, either for the better or for the worse. These burdens are addressed both as to accidents occurring before and after July 1, 1992. Also addressed are the circumstances and attendant outcomes when more than one employer or insurance company …

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr.

Mercer Law Review

After the difficult debate surrounding workers' compensation legislation in 1992, few would have thought it possible that the Georgia Legislature would revisit the Workers' Compensation Act (the "Act")' any time soon. Yet, the 1994 General Assembly made a number of substantial changes to the Act, constituting by far the most significant development in workers' compensation law over the survey period. Important case law decisions affected the areas of exclusive remedy, the employment relationship, and heart attack claims.