May 2010 Archives

May 25, 2010

My workers' compensation lawyer says I have a deposition this week. Can I just skip it?

When you file a workers' compensation claim in Georgia, more than likely, the defense attorney is going to schedule your deposition. It's your opportunity to answer questions about your injury and its aftermath while showing what a great witness you'll make at any upcoming hearing.

While you may not want to spend a couple of hours at my office being deposed by the insurance company's attorney, it's usually a prerequisite to getting your case resolved by litigation or settling, so don't decide to skip it. It's not a "meeting" or "conference." It's a deposition--a question and answer session that's recorded and is given under oath.

Please don't miss your deposition.

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May 19, 2010

Can my spouse get paid as an attendant care provider under Georgia workers' compensation law?

If you've been injured on the job in Georgia and need constant care from someone, why not let that person be your spouse? You know you expect him/her to wear that little nurse outfit on Halloween...what about the other 364 days of the year?

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While the notion that a spouse can provide attendant care had already been established, it was reaffirmed recently in the Medical Office Management, et al v. Hardee case.  The attendant care needs to be medically necessary to effect a cure, provide relief, or restore the injured worker to suitable employment.  The workers' compensation fee schedule allows payment for such care at $10.01/hour for up to 12 hours/day (hours can be extended at the State Board of Workers' Compensation's discretion). 

Why invite a stranger into your home when you can let the person who already lives there take care of you?  If the workers' compensation adjuster is denying such an arrangement, feel free to contact the Atlanta workers' compensation lawyers at Moebes Law, LLC for guidance.

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May 12, 2010

Should I show up for my Atlanta workers' compensation hearing without my attorney?

As we've already learned, Georgia workers' compensation hearings are frequently postponed.  What if you've received a Notice of Hearing in the mail, and the hearing is a day or two away, but you haven't heard from your workers' comp attorney?  Do you show up at the State Board of Workers' Compensation anyway? 

No. 

When I was a workers' compensation defense attorney, I used to see the sad saps showing up alone for a hearing their attorneys had agreed to postpone.  I wondered what kind of lawyer would fail to tell his client not to come to court and require said client to drive in Atlanta traffic for an event that would never occur.  "Only a tyrant!" I would think.

But now that I'm a workers' compensation claimants' attorney, I realize folks sometimes get scared by the piece of paper saying they have a court date, even if their attorney has told them the court date has been continued.  This is especially true when there is a language barrier. 

gavel.jpgSo for future reference, know this:  if you're going to court, your attorney will meet with you to prepare (assuming he or she is worth a damn).  Don't show up for a workers' compensation hearing without talking to your attorney.  Call.  E-mail.  No answer?  Consider finding another attorney.  But don't drive to a hearing that's been postponed.

I'm here to help. 
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May 4, 2010

Should I engage in nude dancing while receiving workers' comp disability benefits in Georgia?

As much fun as nude dancing while getting a temporary total disability check from your Georgia workers' compensation claim may sound, you may be prosecuted for insurance fraud if you're receiving disability payments and working at the same time. Even if you consider exotic dancing or stripping to be far from "working," the insurance commissioner is unlikely to agree with you.

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And, since workers' compensation insurance defense attorneys and insurance adjusters are notorious patrons of gentlemen's clubs, you are likely to get caught. Nobody wants to see the attorney from the deposition last week shoving dollar bills where the sun doesn't shine tonight. Right? Of course not.

Naked dancing for money while on workers' comp = bad news. Just ask this lady.

Refraining from nude dancing after a workers' compensation accident?  Feel free to call my Atlanta workers' compensation lawyers' office in Buckhead. 

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