07 HB 424/AP
House
Bill 424 (AS PASSED HOUSE AND SENATE)
By:
Representatives Coan of the
101st,
Reese of the
98th,
Hamilton of the
23rd,
Cox of the
102nd,
Carter of the
159th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating
to workers´ compensation, so as to provide a definition for the term "farm
laborer"; to provide for the applicability of Chapter 9 of Title 34; to provide
for the dismissal of certain claims in which no hearing has been held after a
certain time period; to extend the period of time in which the employer has to
select a rehabilitation supplier; to specify that examinations of the employee
may include physical, psychiatric, and psychological examinations; to provide
that charges for prescriptions and charges for other items and services shall be
subject to the approval of the State Board of Workers´ Compensation; to
increase the weekly wage amounts for compensation for total disability; to
increase the maximum weekly benefit for compensation for temporary partial
disability; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
9 of Title 34 of the Official Code of Georgia Annotated, relating to
workers´ compensation, is amended by revising subsection (a) of Code
Section 34-9-2, relating to the applicability of the chapter to employers and
employees, as follows:
"(a)(1)
As used in this subsection, the term 'farm laborer' shall include, without
limitation, any person employed by an employer in connection with the raising
and feeding of and caring for wildlife, as such term is defined in paragraph
(77) of Code Section 27-1-2.
(2)
This chapter shall not apply to common carriers by railroad engaged in
intrastate trade or commerce; nor shall this chapter be construed to lessen the
liability of such common carriers or take away or diminish any right that any
employee of such common carrier or, in case of
his or
her death, the personal representative of
such employee may have under the laws of this state; nor shall this chapter
apply to employees whose employment is not in the usual course of trade,
business, occupation, or profession of the employer or not incidental thereto;
nor to farm laborers or domestic servants; nor to employers of such employees;
nor to any person, firm, or private corporation, including any public service
corporation, that has regularly in service less than three employees in the same
business within this state, unless such employees and their employers
voluntarily elect to be bound; nor to any person performing services as a
licensed real estate salesperson or associate broker who has a written contract
of employment providing that he or she shall perform all services as an
independent contractor."
SECTION
2.
Said
chapter is further amended by revising Code Section 34-9-100, relating to the
filing of claims with the State Board of Workers´ Compensation and the
dismissal of stale claims, as follows:
"34-9-100.
(a)
Subject to Code Section 34-9-82, a claim for compensation may be filed with the
board at any time following an injury or death. The board and its
administrative law judges shall have full authority to hear and determine all
questions with respect to such claims.
(b)
The board shall make or cause to be made any investigation or mediation it
considers necessary and, upon its own motion or application of any interested
party, order a hearing thereon and assign the claim to an administrative law
judge for review. Furthermore, the board may direct the parties to participate
in mediation conducted under the supervision and guidance of the
board.
(c)
On or after
July 1, 1985, a
Any
application for hearing filed with the board pursuant to this Code
section, on or
after July 1, 1985, but prior to July 1,
2007, for which no hearing is conducted
for a period of five years shall automatically stand dismissed.
(d)(1)
For injuries occurring on or after July 1, 2007, any claim filed with the board
for which neither medical nor income benefits have been paid shall stand
dismissed with prejudice by operation of law if no hearing has been held within
five years of the alleged date of injury.
(2)
This subsection shall not apply to a claim for an occupational disease as
defined in Code Section 34-9-280.
(3)
The form provided by the board for use in filing a workers´ compensation
claim shall include notice of the provisions of this subsection.
(e)
Any claim, notice, or appeal required by this chapter to be filed with the board
shall be deemed filed on the earlier of:
(1)
The
the
date such claim or notice is actually received by the board; or
(2)
The
the
official postmark date such claim or notice was mailed to the board, properly
addressed with postage prepaid, by registered or certified mail or statutory
overnight delivery."
SECTION
3.
Said
chapter is further amended by revising subsection (a) of Code Section
34-9-200.1, relating to rehabilitation benefits and rehabilitation suppliers, as
follows:
"(a)
In the event of a catastrophic injury, the employer shall furnish the employee
entitled to benefits under this chapter with reasonable and necessary
rehabilitation services. The employer either shall appoint a registered
rehabilitation supplier or give reasons why rehabilitation is not necessary
within 48 hours of the employer´s acceptance of the injury as compensable
or notification of a final determination of compensability, whichever occurs
later. If it is determined that rehabilitation is required under this Code
section, the employer shall have a period of
15
20
days from the date of notification of that determination within which to select
a rehabilitation supplier. If the employer fails to select a rehabilitation
supplier within such time period, a rehabilitation supplier
will
shall
be appointed by the board to provide services at the expense of the employer.
The rehabilitation supplier appointed to a catastrophic injury case shall have
the expertise which, in the judgment of the board, is necessary to provide
rehabilitation services in such case."
SECTION
4.
Said
chapter is further amended by revising subsections (a) and (e) of Code Section
34-9-202, relating to an examination of an injured employee, as
follows:
"(a)
After an injury and as long as he claims compensation, the employee, if so
requested by his
or
her employer, shall submit himself
or
herself to examination, at reasonable
times and places, by a duly qualified physician or surgeon designated and paid
by the employer or the
board. Such
examination may include physical, psychiatric, and psychological
examinations."
"(e)
Notwithstanding the rights afforded an employee under Code Section 34-9-201, the
employee, after an accepted compensable injury and within 120 days of receipt of
any income benefits, shall have the right to one examination at a reasonable
time and place, within this state or within 50 miles of the employee´s
residence, by a duly qualified physician or surgeon designated by the employee
and to be paid for by the employer. Such examination, of which the employer or
insurer shall be notified in writing in advance, shall not repeat any diagnostic
procedures which have been performed since the date of the employee´s
injury unless the costs of such diagnostic procedures which are in excess of
$250.00 are paid for by a party other than the employer or the insurer.
Such
examination may include physical, psychiatric, and psychological
examinations."
SECTION
5.
Said
chapter is further amended by revising Code Section 34-9-205, relating to board
approval of physician´s fees, hospital, and other charges, as
follows:
"34-9-205.
(a)
Fees of
physicians,
and
charges of
hospitals,
charges for prescription drugs, and charges
for
and
other items
and services under this chapter shall be
subject to the approval of the State Board of Workers´ Compensation. No
physician, hospital, or other provider of services shall be entitled to collect
any fee unless reports required by the board have been made.
(b)
Annually,
the board shall publish a list by geographical location of usual, customary, and
reasonable charges for all medical services provided under subsection (a) of
this Code section. The board may consult with medical specialists in preparing
said list. Fees within this list shall be presumed reasonable. No physician or
hospital or medical supplier shall bill the employee for authorized medical
treatment; provided, however, that if an employee fails to notify a physician,
hospital, or medical supplier that he or she is being treated for an injury
covered by workers´ compensation insurance, such provider of medical
services shall not be civilly liable to any person for erroneous billing for
such covered treatment if the billing error is corrected by the provider upon
notice of the same. The board may require recommendations from a panel of
appropriate peers of the physician or hospital or other authorized medical
supplier in determining whether the fees submitted and necessity of services
rendered were reasonable. The recommendations of the panel of appropriate peers
shall be evidence of the reasonableness of fees and necessity of service which
the board shall consider in its determinations.
(c)
Any party requesting peer review pursuant to the provisions of this Code section
shall pay to the board such filing costs for peer review as established by the
board; provided, however,
that
the prevailing party in any peer review request shall be entitled to recover its
filing costs, if any, from the party which does not prevail."
SECTION
6.
Said
chapter is further amended by revising Code Section 34-9-261, relating to
compensation for total disability, as follows:
"34-9-261.
While
the disability to work resulting from an injury is temporarily total, the
employer shall pay or cause to be paid to the employee a weekly benefit equal to
two-thirds of the employee´s average weekly wage but not more than
$450.00
$500.00
per week nor less than
$45.00
$50.00
per week, except that when the weekly wage is below
$45.00
$50.00,
the employer shall pay a weekly benefit equal to the average weekly wage. The
weekly benefit under this Code section shall be payable for a maximum period of
400 weeks from the date of injury; provided, however,
that
in the event of a catastrophic injury as defined in subsection (g) of Code
Section 34-9-200.1, the weekly benefit under this Code section shall be paid
until such time as the employee undergoes a change in condition for the better
as provided in paragraph (1) of subsection (a) of Code Section
34-9-104."
SECTION
7.
Said
chapter is further amended by revising Code Section 34-9-262, relating to
compensation for temporary partial disability, as follows:
"34-9-262.
Except
as otherwise provided in Code Section 34-9-263, where the disability to work
resulting from the injury is partial in character but temporary in quality, the
employer shall pay or cause to be paid to the employee a weekly benefit equal to
two-thirds of the difference between the average weekly wage before the injury
and the average weekly wage the employee is able to earn
thereafter,
but not more than
$300.00
$334.00
per week for a period not exceeding 350 weeks from the date of
injury."
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.