On July 1, 2006, the Georgia legislature closed the Subsequent Injury Trust Fund to new claims. Doug McCoy concludes in part that insurance carriers and third party administrators must reexamine their inactive claims, especially those in which impairment existed prior to the work-related injury, and seek recovery prior to the statutory deadline in order to properly serve employers and avoid potential liability. Contrary to the opinions of many claim handlers and recovery consultants, though, McCoy advocates not putting the Fund on notice when a claim is established, but waiting as long as possible before putting the Fund on notice of the claim. This commentary, written by Doug McCoy, an experienced Georgia workers’ compensation consultant, examines the impact of this legislation and provides strategies that claims handlers and recovery specialists should follow.

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