Workers Compensation Reform And What It Means For Your Case.

On October 1, 2003, Senate Bill 50A (SB50A) became law. Many practitioner’s consider it the most radical change to workers' compensation law. The following are the major changes from past law.

The employee can no longer get treatment from a doctor of his or her choice. The employer and insurance carrier choose your medical provider during the entire claim subject to certain limited exceptions.
The workers’ compensation accident must be the major contributing cause for your disability or the need for your treatment. “Major Contributing Cause” is now defined as the cause that is more than 50 percent responsible for the injury as compared to all other causes.
Temporary partial disability benefits are not payable is the employee is terminated for misconduct.
The method of determining permanent disability benefits has been radically altered. No compensation for permanent total disability benefits is payable if the employee is engaged in, or is physically capable of engaging in at least sedentary employment. Permanent total disability benefits end at age 75, unless the employee is not eligible for Social Security benefits because the employee’s injuries prevented working sufficient quarters to become eligible.
If the employee is 70 or older when the accident occurs, permanent total disability benefits are payable for no more than 5 years.
Meaningful penalties for delayed benefits have been eliminated. Unfortunately, many benefits and treatments are either delayed or denied now that the insurance companies no longer have any incentive to provide timely benefits.
The employer is responsible only for permanent disability directly caused by the injury. As a result, your past medical and injury history will now be looked at very carefully. Any intentional attempt to conceal or lie about your past medical and injury history will be detrimental to you claim and may cause the employer to report you to the local District Attorney for Workers' Compensation Fraud.
Once you are determined to have reached maximum medical improvement by the treating doctor (released from active ongoing medical care), you have to look for work.
For additional information on the reformed workers' compensation system, please visit the website www.flds.com.