Sometimes, what seems like a minor injury is exaggerated by employees who want to collect permanent workers’ . But there’s good news for employers. The Georgia Court of Appeals has clarified whose job it is to prove that disability.
Recent case: Lena Reid, a 66-year-old maid, applied for workers’ compensation benefits when she injured two fingers on her right hand. Surgery and physical therapy didn’t help, so she asked the Georgia State Board of Workers’ Compensation to declare her injury catastrophic, opening the way for permanent payments.
The board agreed, based simply on her testimony that she was untrained in any work but maid service. But her former employer fought back in court, and the Court of Appeals of Georgia sided with the company.
The court said it was up to Reid to prove—with expert testimony, job applications and other efforts to get training or work—that she really was permanently blocked from gainful employment. (Reid v. Georgia Building Authority, No. A062008, Court of Appeals of Georgia, Fourth Division, 2007)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/2450/its-up-to-the-injured-employee-to-show-that-shes-totally-disabled-due-to-job-injury "