The Supreme Court of Georgia recently upheld the validity of State Board of Workers’ Compensation Rule 205 in the case of Mulligan v. Selective HR Solutions, Inc., 289 Ga. 753, 716 S.E.2d 150 (2011). Rule 205 provides a method by which doctors and injured workers can get approval for medical treatment needed as a result of an on the job injury. The rule provides that an insurance company has 5 business days to either approve or deny a request for treatment sent on the proper form. If the insurance company does not respond within 5 business days, the treatment requested is considered pre-approved.
The Supreme Court’s decision in Mulligan is especially important because the Georgia Court of Appeals had previously decided that Board Rule 205 was invalid. Without Board Rule 205, doctors and injured workers would have no method available to get timely responses from the insurance company and necessary medical treatment would be delayed. The Supreme Court’s decision in Mulligan overrules the decision of the Court of Appeals, so Board Rule 205 has been upheld.
The Georgia Legal Foundation submitted an Amicus Curiae (friend of the court) brief to the Georgia Supreme Court in the Mulligan case arguing in support of upholding Board Rule 205. Jason Perkins, who is a member of the Georgia Legal Foundation, assisted in writing this brief for the Georgia Legal Foundation.
