Blog Posts in November, 2013

  • General Releases in Workers' Compensation Claims

    || 13-Nov-2013

    General Releases are another matter altogether. In the majority of claims that are settled, the defense attorney will send over a release with varying language depending upon the attorney and the defense firm, but all variations upon a common theme, ergo, a release of all manner of claims that could ever possibly have arisen from the employment relationship. Of course, most of these potential ...
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  • Stipulation and Agreement in Workers' Comp Claims

    || 11-Nov-2013

    Once the Stipulation and Agreement is approved, the Employer/Insurer will have 20 days to mail the settlement checks, pursuant to O.C.G.A. Sec. 34-9-221 and Board Rule 221. (If the insurer's office is outside of the state of Georgia, the insurer will have 17 days.) The Employer/Insurer will issue two separate checks, one payable to the Employee/Claimant's attorney for attorney's fees ...
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  • Two Types of Stipulation and Agreement Used to Settle Workers' Comp Claims

    || 8-Nov-2013

    There are two types of Stipulation and Agreement that can be used to settle a Workers' Compensation claim; both are specifically authorized by O.C.G.A. Sec. 34-9-15, and both must be filed with the State Board. The first type is called a "liability stipulation;" the second is called a "no liability stipulation." As is clear from the name, the liability stipulation is used ...
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  • How to Finalize a Workers' Compensation Settlement

    || 6-Nov-2013

    Once a settlement has been reached, through mediation or through simple negotiations, the settlement must be approved by the State Board of Workers' Compensation. No agreement to settle a Workers' Compensation case in Georgia is enforceable until the settlement has been approved by the State Board. Accordingly, any party to the settlement is free to back out of the agreement until the ...
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