COVID-19 Legal Update: Georgia

Workers' Compensation Administrative board/ commission

How does the state define an occupational disease?

Section 34-9-280(2) "Occupational disease" means those diseases which arise out of and in the course of the particular trade, occupation, process, or employment in which the employee is exposed to such disease, provided the employee or the employee's dependents first prove to the satisfaction of the State Board of Workers' Compensation one of the following: (A) A direct causal connection between the conditions under which the work is performed and the disease; (B) That the disease followed as a natural incident of exposure by reason of the employment; (C) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment; (D) that the disease is not an ordinary disease of life to which the general public is exposed; (E) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence.

COVid-19 Specific Laws, agency declarations/ press releases, or enacted regulation?

Hearings Postponed / Deadline Extension
3/17/2020

SBWC Guidance Adding Telemedicine to the Medical Fee Schedule
4/1/2020

SBWC Extends Deadlines & Continues to Postpone Hearings until May 13, 2020
4/7/2020

SBWC Extends Deadlines & Continues to Postpone Hearings until June 12, 2020
5/12/2020

SBWC Extends Deadlines & Continues to Postpone Hearings until July 12, 2020
6/12/2020

SBWC Guidelines for In Person Hearings after July 12, 2020
7/1/2020

Enacted Legislation: Liability Immunity for COVID-19
8/5/2020

Court Closures & Modified Call

Notice for Hearings and Mediations

Is the administrative court system closed or open?

Open - hearings postponed and mediations held by telephone through 7/12/20.

Does this state have a shelter-in-place in order?

For vulnerable individuals only: No - order was 4/3/20 to 6/12/20.

For all others: No - order was 4/3/20 to 4/30/20; limited re-opening prior to 4/30/20.

Any state-specific guidance on disability, unemployment, or health benefits for COVID-19?

Unemployment

OISF Commissioner's Bulletin Regarding Loss of Health Insurance Due to COVID-19

Last Updated: 2/1/2021

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This document compiles certain state laws and websites relevant to the COVID-19 pandemic. State guidance and other government instruction have changed frequently. We thus may update this document over time.

Please do not hesitate to contact your account manager, resolution manager, or your other preferred contact at Gallagher Bassett with any questions.

Although we have gathered information relevant to COVID-19 and its impact on workers' compensation claims and your businesses, this is not legal advice, it does not include all pertinent information, nor should it be the basis for legal, claim, benefit, safety, or human resource-related decisions. If you would like guidance on legal issues arising from COVID-19, including whether a COVID-19 related claim is compensable under a specific state’s laws, please seek advice from legal counsel with expertise in the relevant subject areas and state laws. For Gallagher Bassett clients, if you have reported a workers’ compensation claim, then your resolution manager can assist.

A Further Note on the Statutes, Definitions, Cases, and Websites Cited in this Document. State law controls if a worker is entitled or not entitled to workers’ compensation benefits. Each state can approach this question differently, and the relevant statutes, standards of proof, regulating agencies, court precedent, and other aspects of a workers’ compensation claim vary between jurisdictions. As a general principle, state workers’ compensation laws provide medical and wage loss benefits to workers who suffer bodily injury due to an accident, or bodily injury due to an occupational disease. The relevant bodily injury must arise out of and occur in the course of employment. This document primarily compiles state definitions of “occupational disease.” With respect to diseases for which the employee may be entitled to workers’ compensation benefits, the disease typically must arise from particular conditions of employment that make contracting the disease more likely than in the general population, or otherwise there must be a sufficient connection between a disease and workplace. Please consult the relevant state’s workers’ compensation act for the specific language applicable to an “occupational disease” claim.