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GA Workers’ Compensation Case Management Rule Changes3 minute read

Georgia workers’ compensation cases are controlled by two different types of rules.  One set of rules is the statutes that are passed by the Georgia Legislature.  The second set of rules is the Rules of the Georgia State Board of Workers’ Compensation which are passed by the Directors of the State Board.

The new Board Rule regarding case management

Recently, a change was made to the Rules of the Georgia State Board of Workers’ Compensation.  The Directors of the State Board created a new rule. That rule is Board Rule 200.2.  It went into effect on January 1.

Board Rule 200.2 focuses on case management in workers’ compensation claims.  Case managers are people who provide services to injured workers to help them recover from their injuries.  Their services often include medical case management and vocational rehabilitation.

What is case management?

Case management by a catastrophic rehabilitation supplier is mandatory in catastrophic workers’ compensation cases.  Many years ago, it was also mandatory in all Georgia workers’ compensation cases.  However, the law was changed more than 20 years ago to provide that case management only occurred in noncatastrophic cases when both the injured worker and the insurance company agreed.

This law meant that injured workers could not always get vocational rehabilitation assistance.  An injured worker who could not go back to her job because of her injury might benefit from retraining.  With the change in the law, this retraining did not have to occur unless the injured worker’s case was designated as catastrophic.  Since most cases are not designated catastrophic, many injured workers did not get retraining.

Does the new Board Rule 200.2 help injured workers with job retraining?

No.  The new Board Rule only focuses on “medical case managers”.  It provides that insurance companies may use medical case managers in some situations even when the injured worker does not want a medical case manager on the case.Changes in Board Rule 200.2 mean that case manager hired by the insurance company may be meeting with your doctors

This means that insurance companies can hire medical case managers to contact an injured worker’s doctors regarding the injured workers care and to try to get “light duty jobs” approved.  The insurance company has to pay the cost of these medical case managers.

Medical case management is limited under new Board Rule 200.2

While medical case managers can be hired without an injured worker’s agreement, they have limitations on what they can do.  An injured worker must agree before the medical case manager can actually work with the injured worker.  Also, a medical case manager must have written consent to actually attend a doctor’s appointment.

What should an injured worker do about this new Board Rule?

Medical opinions are very important in a workers’ compensation case.  Statements made by a doctor affect your weekly workers’ compensation benefits.  These statement also affect what medical treatment you receive.  Because a medical case manager will contact your doctor, the insurance companies decision to hire one could ultimately cause your weekly benefits to stop or needed medical treatment to be denied.

You need to make sure that the insurance company and any medical case manager follow the rules so that you receive the benefits you should.  An attorney specializing in workers’ compensation can help make sure your rights are protected.

What if I have other questions about workers compensation?

Georgia’s workers compensation system can be very confusing.  You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits.

If you have questions, I would recommend that you try to get answers.  To find out more about how to schedule a time to talk to me about your workers compensation questions, just read this short article.

Jason Perkins is an attorney who specializes in representing injured workers.  He regularly publishes videos and write blog articles about Georgia’s workers compensation system and issues that are important to injured workers and their families.

To be notified of Jason’s new workers compensation videos, subscribe to his Georgia Workers Compensation Video Series channel on YouTube by clicking the subscribe button below.

Brittney-lee orourkeBrittney-lee orourke
05:23 18 Feb 22
Amazing! Jason and his team were very helpful and had the best communication by far. Walked me though every step with great detail and had answers for any question I had. They handled my case better then I could imagine, it was a weird case and they stayed on top of it and kept me updated every step of the way! Highly recommend this Team! Thanks so much to Jason and his Awesome team!-Brittney
China JonesChina Jones
18:58 08 Feb 22
I absolutely love this group of attorneys, when I was at my lowest they did everything they could to help me get justice for my injury. I believe if I were to have never picked my phone up and called the amazing group that helped me I definitely would not have received my idea of rights. If you have an issue and are just not sure please understand that they will help you, stay in contact, answer any question you have, and for sure get you the justice you deserve I thank them from the bottom of my heart and I will definitely refer them to anyone who has been hurt because they most definitely care about their work and clients.
Luv LocsLuv Locs
16:08 15 Jan 22
The entire law office was attentive and responsive to all of my concerns dealing with my workers compensation case.
moombimoombi
21:14 02 Jan 22
If you must get a lawyer involved, you’d do well to work with Jason Perkins and his team at Perkins Studdard Law.They were thorough in gathering information and in sharing all the steps in the workers comp process specific to my case. Jason and the team were responsive to my bevy of questions and concerns.I appreciated the informative videos and consultations provided by Jason over video meetings and multiple phone calls.I hope I’m never injured on the job again. However, if I am and if my employer responds as my previous employer did, I’ll contact Perkins Studdard Law immediately to handle the case.
Dana BessDana Bess
23:57 10 Dec 21
Everyone at Perkins Studdard was kind and professional. They were always extremely responsive and answered all questions that I had and followed up to make sure I had an understanding of what was going on along with emailing videos to explain every step of my case so I would know what to expect and be prepared. Jason is a very genuine person and I trusted him with my case. He answered so many questions for me even before I retained him as my WC lawyer. I highly recommend him and his associates at Perkins Studdard.
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