The Georgia General Assembly passed several laws in the 2007 session affecting aspects of the Georgia Workers’ Compensation system. A brief synopsis of those legislative changes are set forth below:

ACT 335

Section 34-9-2 O.C.G.A. was amended to clarify that a “farm laborer” was any person employed in connection with raising and feeding of wildlife, as that term is defined in Code Section 27-1-2(2).

The maximum TTD weekly benefit under Section 34-9-261 was increased to $500.00 and the maximum TPD benefit under Section 34-9-262 was increased to $334.00 per week.

Section 34-9-202 was amended to make it clear that employees must submit to an IME requested by the employer and such IME might include physical, psychiatric, and, physiological examinations. Likewise, the right of an employee to obtain an IME paid for by the employer may also include physical, psychiatric and psychological examinations.

Section 34-9-100 was also amended to provide that any claim for which neither medical or indemnity benefits have been paid shall be dismissed with prejudice if no hearing has been held within five years of the alleged date of injury. However, the five year provision does not apply to occupational disease claims.

ACT 145

The General Assembly also revised Code Section 34-9-358 to clarify that the Subsequent Injury Trend Fund can continue to levy assessments against employers which were formerly self-insured and later obtained workers compensation coverage, after the effective date of the Act which was May 18, 2007.

ACT 225

Section 33-41-20 was amended to provide that every association or industrial insured captive insurance company issuing workers compensation policies shall be permitted to join and receive benefits from the Georgia Insurers Insolvency Pool.

GEORGIA CASELAW UPDATE

1. TORT IMMUNITY

A security guard who was young and inexperienced was assigned to guard a high-risk area without proper protection and in violation of the security company’s own rules and regulations, was killed in the course and scope of her employment. Her parents were limited to the exclusion remedy provisions of Georgia’s Workers Compensation law and could not sue her employer. Burns International Security Services Corp. v. Johnson , 284 Ga. App. 289 (March 19, 2007).

2. DOCTRINE OF CONTINUOUS EMPLOYMENT

In Ray Bell Construction Co. v. King, 281 Ga. 853 (March 26, 2007), the Georgia Supreme Court affirmed an award of benefits to a construction project superintendent’s family who was killed in a motor vehicle accident within the general proximity of the job site while he was returning from vacation and storing family furniture. The Court held that coverage is broader for “traveling employees”, and any deviation from employment taken by the employee was over at the time of the accident, so the accident was compensable.

3. SHIPPER NOT RESPONSIBLE FOR INJURIES AT LOCATION OVER WHICH IT HAD NO CONTROL

In Axson Timber Co. v. Wilson, 2007 Ga. App. Lexis 803 (July 10, 2007) a truck driver filed a worker compensation claim after he was injured delivering a load of timber. Since the trucking company he worked for did not have workers compensation insurance, he tried to obtain benefits from the company that hired the trucking company. Since Axson was not a statutory employer and the accident occurred on premises over which Axson had no control, the truck driver could not obtain benefits from Axson.