by Jennifer M. Smith, Esq.

This is a reminder that the recent amendments to the Georgia Workers’ Compensation Act became law on July 1, 2013. All changes went into effect immediately, with the exception of the new requirement for filing the WC-104 with the Board, which will not take effect until January 1, 2014. A summary of the major changes to the statute and Board rules, including which dates of injury are affected, are outlined below:

Only applies to injuries occurring on or after July 1, 2013:

  • The maximum weekly TTD rate increases from $500 to $525.
  • The maximum weekly TPD rate increases from $334 to $350.
  • There is a 400 week cap on medical benefits in non-catastrophic cases. In catastrophic cases, the employee will still be entitled to lifetime medical benefits.

Applies to all dates of injury:

  • Medical mileage reimbursement. The timeframe for payment is 15 days instead of the current 30 days. Any payment made after 15 days will incur a late payment penalty.
    • Since this change cuts in half the time in which to pay mileage timely, we have prepared a draft letter to request more information from the claimant or to explain the reason for the partial payment of mileage.
  • Return to light duty work via WC-240. There are significant changes to the requirements in the statute and Board rule that affect the burden of proof and ability to unilaterally suspend benefits related to a WC-240 light duty job offer. The changes are good for employers and insurers. Under the old law benefits were automatically reinstated if the employee merely showed up and “attempted” light duty work. The new law requires the employee to put forth an effort.
    • If an employee attempts the light duty job for less than 8 cumulative hours or one scheduled work day or the employee refuses the light duty job altogether, then the employer may unilaterally suspend benefits with the filing of the appropriate form (WC-2) and supporting return to light duty work documentation. The burden shall then shift to the employee to prove entitlement of continuing benefits.
    • If an employee attempts the light duty job for at least 8 cumulative hours or one scheduled work day, whichever is greater, but is unable to perform the job for more than 15 working days, then weekly benefits shall be immediately reinstated. The burden shall be on the employer to prove that the employee is not entitled to continuing benefits.
  • Lump Sum Advances. The interest rate on lump sum advances is reduced from 7% to 5%.
  • Rights for Parties at Interest. The Board rules were amended so a party at interest is permitted to present evidence of its claimed interest at the hearing and the Board will not approve settlements until party at interest claims are resolved.
  • No liability Settlements. No liability settlements require a statement specifying the party responsible for outstanding medical expenses.
  • Filing a WC-104 with the Board. Rule 104 is amended to require simultaneous filing of the Form 104 with the Board at the time it is served on the employee and the employee’s attorney. The current rule does not require simultaneous filing with the Board. *This change does not take effect until January 1, 2014.

Additionally, several of the Workers’ Compensation Board forms have been updated. A list of the forms affected may be found on the State Board’s website here.