Workers' Compensation

Subsequent Injury Funds: The Closing of the Georgia Fund . . . Not!

On July 1, 2006, the Georgia legislature closed its Subsequent Injury Trust Fund to new claims. The reality is that payments on accepted claims will continue to be paid by the Fund indefinitely. More importantly, all claims filed with the Fund since July 1, 1977 to present that have not been accepted by the Fund, must be perfected for acceptance or they'll be automatically denied by the Fund on July 1, 2009. Doug McCoy of McCoy Consulting offers some strong advice for insurance carriers and TPAs to look beyond the low hanging fruit (i.e., claims that the Fund will most likely accept) and to closely inspect those cases where a prior impairment exists. Recovery from the Fund may be possible in such cases, but insurers and TPAs need to act fast before the July 1, 2009 deadline. For further details, see "Doug McCoy on the Closing of the Georgia Subsequent Injury Trust Fund", a LexisNexis Expert Commentary.