Three Hot Workers' Compensation Topics Anticipated in the 2012 Georgia Legislative Session

The Georgia Legislature is currently in session and there will undoubtedly be active debate about some integral elements of the current state of our workers' compensation system. The bill which we expect to be proposed before the end of this month will likely focus on the following issues:

Increasing the maximum temporary total disability rate for injured workers from $500.00 per week to $525.00 per week with a corresponding increase in the maximum temporary partial disability disability rate. These rate increases are long overdue!

The business and insurance industry are executed to introduce a proposal to implement 'medical treatment guidelines' in workers' compensation cases. These alleged "cost containment measures" would permit the State Board of Workers' Compensation to establish guidelines that would dictate the nature and extent of medical treatment injured workers could receive under the Workers' Compensation Act and would preclude insurers from denying recommended treatment that meets the guidelines. The proposed guidelines are a highly contentious topic and representatives of injured workers will seek additional studies of the true effectiveness of such guidelines in other states where they have been implemented.

We also expect employers and insurers to introduce a legislative proposal to address a recent Georgia Court of Appeals decision regarding ex parte communications with doctors treating injured workers under the Workers' Compensation Act. Defense attorneys are strongly opposed to the limits outlined by the Court regarding their ability to discuss cases with treating physicians outside the presence of injured workers and their attorneys.