https://www.law.com/dailyreportonline/2023/01/26/workers-comp-attorneys-divided-over-statutes-prominent-placement-requirement/
(Credit: Bigstock)NEWS
“Each subcategory of the statute is followed by ‘and,’ so the employer has to post the panel prominently and must take all reasonable steps to ensure that the employee understands their rights, argued appellant attorney Sergio Camilo-Steven Ardila-Ibarra before the Georgia Court of Appeals.
January 26, 2023 at 12:12 PM
5 minute read
What You Need to Know
- Georgia Court of Appeals to decide whether strict liability applies to employer’s legal requirement to prominently display panel of physicians from whom employees may seek treatment if injured at work.
- Appellant counsel for injured employee argues employer’s placement of panel in locked resource room fails to comply with state law, enabling injured employee’s use of nonpaneled physician at employer’s expense.
- Appellee counsel argues administrative law judge’s determination that employer satisfied prominent placement requirement should be affirmed by intermediate appellate court.
The Georgia Court of Appeals will soon decide whether an employer’s insurance should have to pay for an injured day care worker’s medical treatment by her preferred physician.
Workers’ compensation lawyers on either side of the case are at odds about whether strict liability applied to the employer’s legal requirement to display a poster informing its employees of a list of physicians from whom they may seek treatment if injured on the job.
‘Crystal-Clear Statute’
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