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Georgia appeals court to rule on workers' comp 'prominent placement' statutes

The case examines whether employers are required to display posters listing the physicians that injured employees can seek treatment from.

By Cedra Mayfield | February 02, 2023 at 04:12 AM
"This case is about the employer failing to meet its obligation under this crystal-clear statute and the failure of the judges below to uphold the statute, and instead, rewriting the law to get around it," Atlanta attorney Sergio Camilo-Steven Ardila-Ibarra argued. "The statute provides and I quote, 'the employer shall post the panel of physicians in prominent places on the business premises.' That is OCGA 34-9-201C and the only issue before this court is whether the employer posted its panel in prominent places." Caption: (Credit: danielfela/Shutterstock.com) “This case is about the employer failing to meet its obligation under this crystal-clear statute and the failure of the judges below to uphold the statute, and instead, rewriting the law to get around it,” Atlanta attorney Sergio Camilo-Steven Ardila-Ibarra argued. “The statute provides and I quote, ‘the employer shall post the panel of physicians in prominent places on the business premises.’ That is OCGA 34-9-201C and the only issue before this court is whether the employer posted its panel in prominent places.” Caption: (Credit: danielfela/Shutterstock.com)

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.

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