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

When the employee is no longer receiving weekly benefits under O.C.G.A. 34-9-261 or 34-9-262, and a permanent partial disability (PPD) rating has not previously been requested or issued, the employer/insurer shall have thirty days to request, in writing, from an authorized physician, that the employee be rated in accordance with the "Guides to the Evaluation of Permanent Impairment, Fifth Edition," published by the American Medical Association. The employer/insurer shall furnish a copy of the medical report of rating to the employee, and commence payment not later than 21 days after knowledge of the rating. The employer/insurer are presumed to have knowledge of the rating not later than 10 days after the date of the report establishing the rating.

To return to the Workers' Compensation Rules Index, click on the "Rule" Button.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

This report and/or the HCFA 1500, HCFA 1450, and/or UB92 shall be completed and filed as follows:

(A)  The attending physician or other practitioner makes the report and forwards it along with office notes and other narratives to the employer/insurer as follows:

(i)  Within seven days of initial treatment;

(ii)  Upon the employee's discharge by the attending physician;

(iii)  At least every three months until the employee is discharged;

(iv)  Upon the employee's release to return to work;

(v)  When a permanent partial disability rating is determined.

(vi)  Pursuant to Rule 203(b).

(B)  The employer/insurer shall file the report including office notes and narratives with the Board within 10 days after receipt as follows:

(i)  When the report contains a permanent partial disability rating;

(ii)  Upon request of the Board; and,

(iii)  To comply with other rules and regulations of the Board.

(C)  The employer/insurer shall maintain copies of all medical reports and attachments in their files and shall not file medical reports except in compliance with this rule and Rule 200(c).

To return to the Workers' Compensation Rules Index, click on the "Rule" Button.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

(a)  Limitation on simultaneous compensation.

If an employee received an injury for which income benefits are payable while still entitled to or receiving income benefits for a previous injury, the employee shall not be entitled to income benefits at the same time for both injuries unless because of the later injury the employee is entitled to income benefits for a permanent partial disability under Code Section 34-9-263; but the employee shall be entitled to income benefits for that injury and from the time of that injury which will cover the longest period and the largest amount of income benefits payable.  Compensation for other than income benefits shall be apportioned upon a determination of whether the need for such is attributable to the first or second injury.

(b)  Limitation on compensation for permanent partial disability.

If an employee received an injury for which income benefits are payable under Code Section 34-9-263 and has a preexisting bodily loss or loss of use as described under Code Section 34-9-263 which was increased by reason of the injury, the employee shall be entitled to income benefits under Code Section 34-9-263 only for the loss or loss of use as increased by the injury.  This limitation, however, shall not prevent the employee from continuing to receive income benefits for the preexisting loss or loss of use to which the employee is otherwise entitled under Code Section 34-9-263.

(c)  Total disability by subsequent injury.

(1)  An employee who has a prior disability as described in Article 9 of this chapter and who sustains a subsequent injury which combines with the prior injury to produce total disability shall be entitled to income benefits as provided in Code Section 34-9-261.  The loss of both hands, feet, arms, legs, or the loss of any two of them or the total loss of vision of both eyes shall be presumed to be total disability, subject to rebuttal.

(2)  An employer who makes payment under this subsection shall be entitled to reimbursement as determined under Article 9 of this chapter.

To return to the Workers' Compensation Law Index, click on the "Law" Button.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

(a)  Definition.  As used in this chapter, "permanent partial disability" means disability partial in character but permanent in quality resulting from loss or loss of use of body members or from the partial loss of use of the employee's body.

(b)  Payment of benefits.

(1)  In cases of permanent partial disability, the employer shall pay weekly income benefits to the employee according to the schedule included within this Code section.  These benefits shall be payable without regard to whether the employee has suffered economic loss as a result of the injury, except as herein provided.

(2)  Income benefits due under this Code section shall not become payable so long as the employee is entitled to benefits under Code Section 34-9-261 or 34-9-262.

(3)  If any employee is receiving benefits under this Code section and experiences a change in condition qualifying the employee for income benefits under Code Section 34-9-261 or 34-9-262, any payments under this Code section shall cease until further change of the employee's condition occurs.

(c)  Schedule of income benefits.  Subject to the maximum and minimum limitations on weekly income benefits specified in Code Section 34-9-261, the employer shall pay weekly income benefits equal to two-thirds of the employee's average weekly wage for the number of weeks determined by the percentage of bodily loss or loss of use times the maximum weeks as follows:

Bodily Loss                                             Maximum Weeks

(1)  Arm...............................................................225

(2)  Leg...............................................................225

(3)  Hand..............................................................160

(4)  Foot..............................................................135

(5)  Thumb............................................................ 60

(6)  Index finger..................................................... 40

(7)  Middle finger.................................................... 35

(8)  Ring finger...................................................... 30

(9)  Little finger.................................................... 25

(10)  Great toe....................................................... 30

(11)  Any toe other than the great toe................................ 20

(12)  Loss of hearing, traumatic

One ear........................................................ 75

Both ears.......................................................150

(13)  Loss of vision of one eye........................................150

(14)  Disability to the body as a whole................................300

(d)  Impairment ratings.  In all cases arising under this chapter, any percentage of disability or bodily loss ratings shall be based upon Guides to the Evaluation of Permanent Impairment, fifth edition, published by the American Medical Association.

(e)  Loss of more than one major member.  Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision in both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 34-9-261.

To return to the Workers' Compensation Law Index, click on the "Law" Button.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The provisions of Code Section 34-9-263 with respect to permanent partial industrial disabilities shall apply in the case of an occupational disease, save and except that there shall be no compensation due or payable for the partial loss of or for partial loss of use of a member or for partial loss of vision of an eye.

To return to the Workers' Compensation Law Index, click on the "Law" Button.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

It is the purpose of this article to encourage the employment of persons with disabilities by protecting employers from excess liability for compensation when an injury to a disabled worker merges with a preexisting permanent impairment to cause a greater disability than would have resulted from the subsequent injury alone.  It shall not be construed to create, increase, or provide any benefits for injured employees or their dependents not otherwise provided by this chapter.  The entitlement of an injured employee or dependents to compensation under this chapter shall be determined without regard to this article, the provisions of which shall be considered only in determining whether the employer or insurer who has paid compensation under this chapter is entitled to reimbursement from the Subsequent Injury Trust Fund.

To return to the Workers' Compensation Law Index, click on the "Law" Button.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As used in this article, the term:

(1)  "Merger of an injury with a preexisting permanent impairment" describes or means that:

(A)  Had the preexisting permanent impairment not been present, the subsequent injury would not have occurred;

(B)  The disability resulting from the subsequent injury in conjunction with the preexisting permanent impairment is materially, substantially, and cumulatively greater than that which would have resulted had the preexisting permanent impairment not been present, and the employer has been required to pay and has paid compensation for that greater disability; or

(C)  Death would not have been accelerated had the preexisting permanent impairment not been present.

(2)  "Permanent impairment" means any permanent condition due to previous injury, disease, or disorder which is, or is likely to be, a hindrance or obstacle to employment or to obtaining reemployment if the employee should become unemployed.

To return to the Workers' Compensation Law Index, click on the "Law" Button.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

It shall be incumbent upon the employer to establish that the employer had reached an informed conclusion prior to the occurrence of the subsequent injury or occupational disease that the preexisting impairment is permanent and is likely to be a hindrance or obstacle to employment or reemployment.  Where, however, the employer establishes knowledge of the preexisting permanent impairment prior to the subsequent injury, there shall be a presumption that the employer considered the condition to be permanent and to be, or likely to be, a hindrance or obstacle to employment where the condition is one of the following:

(1)  Epilepsy;

(2)  Diabetes;

(3)  Arthritis which is an obstacle or hindrance to employment or reemployment;

(4)  Amputated foot, leg, arm, or hand;

(5)  Loss of sight of one or both eyes of a partial loss of uncorrected vision of more than 75 percent bilaterally;

(6)  Residual disability from poliomyelitis;

(7)  Cerebral palsy;

(8)  Multiple sclerosis;

(9)  Parkinson's disease;

(10)  Cardiovascular disorders;

(11)  Tuberculosis;

(12)  Mental retardation, provided the employee's intelligence quotient is such that he falls within the lowest 2 percent of the general population; provided, however, that it shall not be necessary for the employer to know the employee's actual intelligence quotient or actual relative ranking in relation to the intelligence quotient of the general population;

(13)  Psychoneurotic disability following confinement for treatment in a recognized medical or mental institution for a period in excess of six months;

(14)  Hemophilia;

(15)  Sickle cell anemia;

(16)  Chronic osteomyelitis;

(17)  Ankylosis of major weight-bearing joints;

(18)  Hyperinsulism;

(19)  Muscular dystrophy;

(20)  Total occupational loss of hearing as defined in Code Section 34-9-264;

(21)  Compressed air sequelae;

(22)  Ruptured intervertebral disc; or

(23)  Any permanent condition which, prior to the occurrence of the subsequent injury, constitutes a 20 percent impairment of a foot, leg, hand, or arm, or of the body as a whole.

To return to the Workers' Compensation Law Index, click on the "Law" Button.

• Email This
• Print
• Comments
• Trackbacks
• Share Link