by Jennifer M. Smith, Esq.

In the final days of the 40 day legislative session, the Georgia House of Representatives last week reviewed House Bill 154 (HB 154), which most notably proposes a cap on medical benefits in workers’ compensation cases to 400 weeks, except in catastrophic claims. The bill is expected to pass the General Assembly. If approved, Georgia will join Montana in placing a cap on medical benefits in non-catastrophic cases.

HB 154 would cap medical benefits at 400 weeks for all injuries occurring on or after July 1, 2013. Currently in Georgia, an employee can be entitled to a lifetime of medical benefits in non-catastrophic claims. Realistically, however, very few non-catastrophic cases make it to the 400 week cap; they either settle beforehand or become catastrophic. Examples of claims in which this legislation could have an impact are medical-only claims in which the worker has never been out of work but has still treated regularly. Years later, the employee wants surgery and requests indemnity benefits be started. Currently, the employee could be entitled to both since the statute of limitations on indemnity benefits would not apply because the employee had not received indemnity benefits previously. After the proposed legislative change, if this situation occurred beyond 400 weeks, it would no longer be covered under workers’ compensation and the medical would most likely revert to the employee’s private health insurance.

Additional proposed changes in HB 154 are:

  • The maximum weekly TTD rate increases from $500 to $525
  • The maximum weekly TPD rate increases from $334 to $350
  • Medical mileage reimbursement is due within 15 days instead of the current 30 days before a late penalty applies
  • Allowing employers to suspend income benefits after an injured employee attempts light duty work for 1 day or 8 hours instead of the current 15 days under Rule 240
  • A reduction in the interest rate on lump sum advances from 7% to 5%