September 21, 2010

Don't Forget to File Your 4's!

by Chuck Dubose, Esq.

The Georgia Workers’ Compensation Act requires that a number of forms be filed during the course of a claim. One such form is the WC-4 Case Progress Report. It is very important to file a WC-4 at the appropriate time. Board Rule 61 requires that a WC-4 be filed in the following situations:
•in both controverted and accepted claims within 180 days of the first date of disability;
•within 30 days from last payment for closure;
•upon request by the State Board;
•every 12 months from the date of the last filing of a form WC-4 on all open cases;
•to reopen a case;
•within 30 days of final payment made pursuant to an approved stipulated settlement, and
•within 90 days of receipt of an open case by the new third party administrator.
The State Board has become more stringent in issuing penalties upon insurance carriers and self-insured employers who are delinquent in filing WC-4 Case Progress Reports by imposing a $500 penalty per claim. The lesson? Don’t Forget To File Your 4’s!

If you have questions or comments, please contact your David & Rosetti attorney at 404-446-4488 or by visiting our website at www.davidandrosetti.com. Nothing contained in this blog should be construed as legal advice or opinion on specific facts. For editorial comments or suggestions, please contact David W. Willis at (404) 446-4491 or at david.willis@davidandrosetti.com.

Are Disability Claims Increasing as the Economy Stabilizes?

by Chuck Dubose, Esq.

In a September 6, 2010 Business Insurance article the author suggests that the number of workers’ compensation disability claims may increase as employees who previously refrained from filing claims due to fear of losing their jobs in the recession begin to feel more security in their job as the economy begins to stabilize. The author contends that as more employees believe their jobs are better protected they are more likely to pursue disability claims. Alternatively, some feel the number of claims is simply returning to a normal level.

In its August 19, 2010 preliminary release of Census of Fatal Occupational Injuries (CFOI) results, the Bureau of Labor Statistics (BLS) reported the number of workplace fatalities in 2009 was the lowest it has been since the CFOI program began in 1992. According to the BLS 4,340 workplace fatalities were recorded in 2009, down from the 5,218 workplace fatalities in 2008. The BLS concluded economic factors greatly contributed to this decrease, since total hours worked in 2009 decreased by 6 percent in 2009, compared to a 1 percent decline in 2008. The agency also noted some industries which have typically accounted for a larger share of fatal injuries (such as construction) experienced an even larger decline in employment and/or total hours worked.

Even if the economy shows signs of stabilizing it may be too soon to determine how much of an effect this will have on the number of disability claims filed. How do you feel the economy is affecting the number of workers’ compensation claims? Post your response and let us know.

If you have questions or comments, please contact your David & Rosetti attorney at 404-446-4488 or by visiting our website at www.davidandrosetti.com. Nothing contained in this blog should be construed as legal advice or opinion on specific facts. For editorial comments or suggestions, please contact David W. Willis at (404) 446-4491 or at david.willis@davidandrosetti.com.

Can I still Speak With the Doctor?

by Chuck Dubose, Esq.

During the course of a workers' compensation claim communication with the claimant's treating physician is crucial in order to obtain essential information concerning the claimant's current condition, work status, treatment recommendations, and any opinions concerning permanent impairment. Such communication is important for the employer, insurer and defense counsel in order to effectively manage the claim. Lately, however, there has been more resistance with regard to such communications.
The Georgia Supreme Court recently addressed the issue of communications with medical providers in the case of Baker v. Wellstar Health Systems, Inc., S10A0994 (June 1, 2010). This case is apparently being circulated by claimants’ attorneys who assert that communications between defense attorneys and treating physicians (so-called ex parte communications) should be prohibited.
Baker is not a workers’ compensation case, but stems from a medical malpractice action. It highlights the privacy issues involved with respect to a plaintiff’s medical information and it specifically addresses communications between defense counsel and a plaintiff’s health care providers. In Baker, the Georgia Supreme Court held that communications between defense counsel and treating physicians may be conducted as long as the parties comply with the requirements of HIPAA (Health Insurance Portability and Accountability Act of 1996). HIPAA contains provisions which include obtaining consent of the patient and also include a protective order for otherwise protected health information. However, HIPAA does not apply to workers’ compensation claims. It states that providers "may disclose protected health information as authorized by and to the extent necessary to comply with laws relating to workers’ compensation or other similar programs, established by law, that provide benefits for work-related injuries or illness without regard to fault.

O.C.G.A. § 34-9-207 of the Georgia Workers' Compensation Act provides that once an employee files a workers’ compensation claim or receives income medical benefits, "that employee shall be deemed to have waived any privilege or confidentiality concerning any communications related to the claim or history or treatment of injury arising from the incident the employee has had with any physician, including, but not limited to, communications with psychiatrists or psychologists." Consequently, Baker should not be read to have any impact on the ability to communicate with treating physicians in workers’ compensation claims. However, this is a developing issue. Other states have addressed this differently and have imposed more restrictions on the ability to communicate with treating physicians. We will monitor the situation and provide updated information as it becomes available.

If you have questions or comments, please contact your David & Rosetti attorney at 404-446-4488 or by visiting our website at www.davidandrosetti.com. Nothing contained in this blog should be construed as legal advice or opinion on specific facts. For editorial comments or suggestions, please contact David W. Willis at (404) 446-4491 or at david.willis@davidandrosetti.com.

September 16, 2010

Mike Rosetti to Speak at National Business Institute Seminar

Mike Rosetti of David and Rosetti, LLP will speak at the National Business Institute Seminar titled "Workers' Compensation Hearings: Techniques and Strategies for Success".

The Seminar is December 14, 2010 in Atlanta Georgia.
Register at www.nbi-sems.com

Mike Rosetti is an Attorney for David and Rosetti, LLP, a workers' compensation defense firm located in Atlanta, Georgia. www.davidandrosetti.com