Category: Uncategorized


When can I get assessed attorney’s fees in a workers’ compensation case in Georgia?

One can be awarded attorney’s fees–in addition to the amount awarded, as opposed to as a percentage of the amount awarded–in a few instances under the Georgia Workers’ Compensation Act. Basically, the insurance company needs to have behaved “unreasonably.” While getting an Administrative Law Judge to find that an insurance company or its attorney has  … Read more

How can I research other Georgia workers’ compensation Administrative Law Judge decisions?

The Georgia State Board of Workers’ Compensation has, relatively recently, added a hyperlink on its website that allows searching for Administrative Law Judges’ decisions from workers’ compensation hearings in Georgia. So, if you’re wondering what a workers’ comp decision looks like, what’s important v. unimportant to an ALJ, or what issues are most frequently litigated, take a  … Read more

How can I get free IT training after I settle my Georgia workers’ compensation claim?

Year Up is an intensive training program that lasts one year and provides young, urban-dwelling adults in the 18-24 age bracket with an opportunity to get technical and professional skills, college credits, an educational stipend, and corporate apprenticeship. Here is the website for more information: www.yearup.org  The program asks for a one year commitment between the  … Read more

Coming to a TV station near you: “Workers Comp”

Two days ago, filming began in Sarasota, Florida on an independent comedy pilot featuring a family-owned insurance company that “handles all kinds of weird claims.”  Morgan Fairchild stars. One can assume that the rarely-seen outliers of workers’ compensation claims will be staples of this show:  the malingering claimant who doesn’t want to work, the drug-seeking person who  … Read more

What can I expect at my workers’ compensation IME (independent medical examination)?

Recently, a workers’ compensation client of mine whose authorized treating physician ordered surgery went into the doctor’s office for the “pre op,” got mentally and physically ready for the surgery, showed up for the procedure, and then learned that the insurance adjuster had called her doctor’s office to cancel it.  No reason was given; the adjuster just  … Read more

What is my witness fee if I’m subpoenaed under the Georgia Civil Practice Act from outside the county?

Under O.C.G.A. § 24-10-24, if you receive a subpoena to testify in court in Georgia, whether for a workers’ compensation hearing or other civil action here, your witness fee is $25 per day and $.20 per mile (roundtrip) for traveling expenses.  This is required for service to be valid if your residence is outside the county where the  … Read more

How much tax do I owe on my workers’ compensation settlement in Georgia?

Unless your workers’ compensation payment reduces your Social Security benefits, the amount paid pursuant to a settlement or other judicial award are NOT taxable income, per IRS Publication 525. If your Social Security benefits have been reduced because of your workers’ compensation benefits, only that portion of your workers’ comp benefits is taxable. In addition to settlements, TTD (temporary  … Read more

Does the insurance company have to settle my workers’ compensation case?

The workers’ compensation insurer does not have to settle your workers’ comp claim in Georgia, but it usually will at some point. Because an accepted workers’ comp claim (i.e., one in which you have received disability benefits) means you are owed medical care related to your injury for the rest of your life, absent some  … Read more

What does my lawyer mean when he says I had a “fictional new accident”?

Georgia workers’ compensation law provides that an aggravation of an old, pre-existing injury is treated as a new accident. Sometimes, such an aggravation does not occur in one specific incident or trauma, but rather happens over time while working at a more strenuous job. If you aggravate an injury by working at a later job  … Read more