Every year at the Workers’ Compensation seminar, there is a discussion of recent Appellate Division decisions.  Although they are not binding precedent, there is often a great deal of guidance to be gleaned from these discussions.  One recent decision from the Appellate Division was with regard to the employer’s duty to maintain a posted panel of physicians.

As discussed at length in a previous blog, the employer has a duty to maintain a list of at least six physicians.  There are guidelines as to the makeup of the panel as well. The employer is then required to take reasonable measures to make sure that the employees understand their rights in terms of selecting a panel physician.  Failure to do so will result in the employee having the right to treat with any physician of her choosing.

In the case decided by the Appellate Division, an employer did not advise an injured employee of her right to choose her own physician from the panel until four days after the accident.  Prior to the accident, the employee had never been shown the panel, nor had it explained to her that she had the right to choose any doctor from the panel in the event of a work injury. The Appellate Division therefore held that based upon the omissions of the employer, the employee was entitled to choose any physician to treat her at the employer’s expense.

This decision reinforces the fact that employees should take the time to be aware of their rights.  Conversely, employers should take the time to properly inform their employees about their rights under O.C.G.A. 34-9-201 to protect themselves from additional exposure.

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....



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.

Recently injured at work?

Atlanta Workers' Comp Attorneys

Advocating for Georgia's Injured Workers since 2005

Ramos Law Firm
14 Lenox Pointe NE
Atlanta, GA 30324