Atlanta Workers Compensation Law : Atlanta Workers' Compensation Lawyer & Attorney : Seth Bader Law Firm : Construction Accidents, Repetitive Motion Injuries, Disability : Atlanta, Marietta, Roswell, Georgia

The State Board of Workers' Compensation recently released the 2008 edition of the Workers' Compensation Rules.  Effective since July 1, 2008, this edition contains a few substantive changes and several more editorial and organizational changes - all of which have been incorporated in the Board Rules on this website.

Here is a summary of the most notable changes to the Board Rules that went into effect on July 1, 2008:

• Board Rule 15(a)(9) and Board Rule 15(a)(10) were created regarding on-line filing and approval of settlements. 

• Board Rule 40 was amended to update the State Board’s Covington and Rome addresses.  

• Board Rule 60(j) was created regarding service of documents. 

• Board Rule 61(b)(51), Board Rule 61(b)(52), Board Rule 61(b)(53), and Board Rule 61(b)(54) were amended to delete the requirement that the panel of physicians and bill of rights have to be on pink forms. 

• Board Rule 61(b)(57) was created regarding service of documents.  

• Board Rule 61(b)(58) was created to permit online filings.  

• Board Rule 61(b)(59) was created to ensure the doc-type “misc” is not used for documents requiring action. 

• Board Rule 100(h)(4) was created to give ADR the power to reset or cancel mediations.  

• Board Rule 102(A) was amended to prohibit ex parte communications and to address service of documents.  In addition, Board Rule 102(A) was renumbered. 

• Board Rule 102(C)(2) was amended to permit on-line filings of leaves of absence.  

• Board Rule 102(D)(1)(a) was amended to clarify when Form WC-102D is to be used. 

• Board Rule 102(D)(1)(b) was created to address motions for reconsideration. 

• Board Rule 103(b)(9) was created to clarify procedures regarding motions for reconsideration.  

• Board Rule 108 (first paragraph) was amended for clarification.  

• Board Rule 108(b)(9) & Board Rule 108(b)(10) were created for clarification.  

• Board Rule 200(b)(3) was created to clarify the process for motions for reconsideration.  

• Board Rule 200.1(b)(3) was amended for objections to be filed within 15 days.  

• Board Rule 200.1(f)(2)(iii) was amended to allow for an appeal to be filed within 20 days. 

• Board Rule 226(b) was amended to clarify the submission process.  

• Board Rule 226(e)(1) and Board Rule 226(e)(2) were created to clarify objections to requests for guardianships and motions for reconsideration.  

• Board Rule 240(b)(1) was amended for clarification.

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O.C.G.A. §34-9-104(a)(2) was modified to provide that when an employer seeks to convert a disabled employee's Temporary Total Disability Benefits to Temporary Partial Disability Benefits, "the employer shall provide notice to the employee on a form [WC-104]. . . that he or she has been released to work with limitations or restrictions," whereas the prior version of this code section provided that "the employee shall receive notice from the employer . . . ."  Note: This modification was intended to make the wording of this code section consistent with the wording in other code sections.

O.C.G.A. §34-9-203 was amended to clarify that injured employees who were seeking reimbursement for mileage expenses had to submit their mileage expenses to the employer/insurer within one year of the date the expenses were incurred.

O.C.G.A. §34-9-265 was amended to increase the maximum cap on death benefits from $125,000.00 to $150,000.00 for the surviving spouse who is the sole dependent at the time of the employee's death.  Note: These benefits are paid on a weekly basis based upon the weekly Temporary Total Disability rate that the deceased employee would have received.

O.C.G.A. §34-9-362 was amended to change three deadlines for an employer/insurer to obtain a reimbursement agreement from the Subsequent Injury Trust Fund (SITF):

• An employer/insurer who filed a Notice of Claim with the SITF on or before July 1, 2008, had until June 30, 2009, to obtain a reimbursement agreement from the SITF;

• An employer/insurer who filed a Notice of Claim with the SITF after July 1, 2006, had three years from the date that the Notice of Claim was received by the SITF to obtain a reimbursement agreement from the SITF; and;

• In those cases where compensability of the underlying workers' compensation claim was at issue before the State Board of Workers' Compensation, an employer/insurer was given three years from the date of final adjudication of compensability (by the State Board of Workers' Compensation or any appellate court) to obtain a reimbursement agreement from the SITF.

Any claim for reimbursement would be deemed automatically denied when an employer/insurer failed to obtain a reimbursement from the SITF within the applicable deadline.

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O.C.G.A. § 34-9-2 was amended such that the definition of a "farm laborer" was expanded to include certain employees connected with the raising, feeding of, and caring for wildlife.

O.C.G.A. § 34-9-100 was amended to address the dismissal of certain claims where no hearing is held for five years.

O.C.G.A. § 34-9-200.1(a) was amended to increase the number of days that an Employer/Insurer has to file a request for a rehabilitation supplier from fifteen to twenty.

O.C.G.A. § 34-9-202 was amended to clarify that "examinations" include psychological examinations.

O.C.G.A. § 34-9-205 was modified to clarify that the costs of medical treatment and services regulated by the State Board of Workers' Compensation includes pharmaceutical costs.

O.C.G.A. § 34-9-261 was amended to increase the maximum weekly cap on Temporary Total Disability Benefits (TTD Benefits).  For injuries occurring on or after July 1, 2007, the maximum weekly cap on TTD Benefits is $500.00.

O.C.G.A. § 34-9-262 was amended to increase the maximum weekly cap on Temporary Partial Disability Benefits (TPD Benefits).  For injuries occurring on or after July 1, 2007, the maximum weekly cap on TTD Benefits is $334.00.

O.C.G.A. § 34-9-358 was amended to authorize the Subsequent Injury Trust Fund to continue assessing employers who were formerly self-insured, but who later obtained workers' compensation coverage.

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