Document jgweRpvggv1JXNvMVjQabdJny

W. WRAY ECKL ^LAYTON H. FARM HAM SAMUEL P. PIERCE, 1R. ARTHUR H. GLASER JAMES M. POE JOHN A. FERGUSON, JR. THEODORE FREEMAN JOHN P. REALE STEVAN A. MILLER RICHARD C. KI5S1AH H. MICHAEL BAGLEY HALL F. MCKINLEY ffl ANN BISHOP CONN THEODORE E. G. POUND G. RANDALL MOODY RICHARD ft. O'DONNELL B. HOLLAND PRITCHARD S. RENEE HUSKEY DAVID A. SMITH PAUL W. BURKE DANIEL C.KNIFFEN JAMES F. COOK, IR. JOHN C. BRUFFEY, JR. 5TEVEN D. BARNHART STEPHEN R. KANE MICHAEL A. O'QUINN ROBERT J. HUNTER DEBRA L. MIXON BENNY C. PRIEST JULIA B. ANDERSON TERRY R. HOWELL JOHN G. BLACKMON, JR. W. BRADFORD SEARSON BARBARA JO CALL MARY E. ULMER JANET G. BLOCHER MICHAEL F. ANTONOWICH JEFFREY D. BUNCH DREW, ECKL 8 FARNHAM ATTORNEYS AT LAW 1400 WEST PEACHTREE STREET EM P. O. BOX 7600 || ATLANTA, GEORGIA 30357 ^ (4041 885-1400 May 27, 1987 Mr. Tony Colangelo Contract Transportation/ The Sherwin Williams Company 101 Prospect Avenue, N.W. Cleveland, Ohio 44115-1075 REDACTED RE: Sherwin-Williams Claim No. D/A: 12/06/85 v. Contract Transportation/ and INA/Aetna Insurance Co. Dear Tony: Enclosed you will find a copy of correspondence I have received from Brenda Yunker of Central States Southeast and Southwest Areas Health and Welfare Fund. As you can see from her correspondence, they have paid $4,803.40 on this claim. Since the claim was later adjudged to be a compensable workers' compensation claim, this carrier is now requesting reimbursement. Under O.C.G.A. 34-9-206, which became effective July 1, 1985, a group insurance company who covers the costs of medical treatment for a person who subsequently files a workers1 compensation claim may give notice in writing to the Board "at any time during the pendency of proceedings before the Board" that the group insurance company is a party at interest. The State Board may then order reimbursement "provided that such other provider has become a party at interest" pursuant to the above provision. The Code section does not provide a definition of "pendency of proceedings". However, the group insurance carrier in our case has filed a claim for reimbursement with the State Board. A copy of the May 15, 1987 correspondence was sent to Secretary Pullin. Therefore, I think we have no alternative but to reimburse the group carrier. Under the rulings of the N40422 0007-SWP-005805767 CONFIDENTIAL Dr e w , Ec k l S Fa r n h a m Mr. Tony Colangelo ; RS\SEh :i )> ____ May 27, 1987 Page Two REDACTED Administrative Law Judge, the Full Board, and the Superior Court of Clayton County, we are responsible for the claimant's medical treatment. Basically, it would be unfair to not reimburse the group carrier for what they paid. If you have any questions or would like to discuss this further, please call me. Very truly yours DREW, ECKL &, FARNHAM DAS:pmw CC: Mr. Gerald Childrey, INA File No. 130 C 459452-4 0007-SWP-005805768 CONFIDENTIAL