In order for an employer/insured to be eligible for reimbursement from the Subsequent Injury Trust Fund, the employee’s subsequent injury must be directly caused by the prior impairment. The employer must show that this prior impairment was permanent and likely to be a hindrance to employment. Any pre-existing, permanent condition qualifies. The condition may be derived from an automobile accident, personal injury, or an acquired or congenital disease.

For some medical conditions, the Fund has defined them as presumptive conditions. In other words, the employer/insured need not provide documentation to prove that these medical conditions are permanent and a hindrance to employment. Pursuant to Section 34-9-361 of the Official Code of Georgia, the presumptive medical conditions are defined as permanent and a hindrance to employment.

The 23 presumptive medical conditions in O.C.G.A. § 34-9-361 are:

1. Epilepsy

2. Diabetes

3. Arthritis which is an obstacle or hindrance to employment or reemployment

4. Amputated foot, leg, arm or hand

5. Loss of sight of one or both eyes or a partial loss of uncorrected vision of more than 75 percent bilaterally

6. Residual disability from poliomyelitis

7. Cerebral palsy

8. Multiple sclerosis

9. Parkinson’s disease

10. Cardiovascular disorders

11. Tuberculosis

12. Mental retardation, provided the employee’s intelligence quotient (IQ) is such that he or she falls within the lowest two percent of the general population; provided, however, that it shall not be necessary for the employer to know the employee’s actual IQ or actual relative ranking in relation to the IQ of the general population.

13. Psychoneurotic disability following confinement for treatment in a recognized medical or mental institution for a period in excess of six months.

14. Hemophilia

15. Sickle cell anemia

16. Chronic osteomyelitis

17. Ankylosis of major weight bearing joints

18. Hyperinsulism

19. Muscular dystrophy

20. Total occupational loss of hearing as defined in Code Section 34-9-264

21. Compressed air sequelae

22. Ruptured intervertebral disc

23. Any permanent condition which, prior to the occurrence of the subsequent injury, constitutes a 20 percent impairment of a foot, leg, hand, or arm, or the body as a whole

What does it mean to cross-examine as an attorney?

The adverse attorney may “cross-examine” a witness by interrogating him or her in open court. The adverse attorney aims to highlight the deficiencies in the witness’ testimony, expose inconsistencies, or elicit facts that are favorable to the other party. Commonly in...

What is a Bench Trial?

The judiciary is often referred to as the “bench.” A bench trial is a trial where there is no jury and the judge serves two roles: (1) the person vested with the power to protect the procedural safeguards of the trial as to the rules of evidence and conduct of the...

5 Tips to Stay Safe in the Workplace [infographic]

5 Tips to Stay Safe in the Workplace [infographic]

In spite of training about safety, some workplace injuries are inevitable due to the nature of the work itself. However, as you can see in this infographic, you can minimize the casualty or the inflicted injury if you know the risks and hazards around your workplace....

CONTACT RAMOS LAW FIRM:

EXPERIENCED WORKERS' COMP LAWYERS IN GEORGIA

We Fight for You.

The Ramos Law Firm is an award-winning Georgia Law Firm that focuses exclusively on GA Workers' Compensation since 2005.

You Pay Nothing Upfront.

You will not pay anything until after we recover for you. Take the first step, request a free case evaluation at (770) 637-0105

We Care About Your Future. 

There is a reason why some of the top law firms refer their work-related injury cases to us – we’re committed to creating a better future for injured workers in Georgia.

Fill out the contact form below for a free consultation to examine your rights, or call us at (770) 637-0105. Call us even if you've been denied benefits.