2024 Board Rule Changes
July 1 every year potentially brings changes to both Georgia comp law and also revisions to the Board Rules which impact day to day claims handling. From a legislative standpoint, there are no significant changes. In fact, for the first time in several years, the max comp rate has not increased, remaining at $800 per week. As far as the Rules below is the Board’s summary of changes with our perspective on a couple of them. They are technical, but their impact can be significant.
- Electronic payment: The Rule addition makes clear that payment is considered timely once the “payer” (insurer/TPA) initiates the electronic fund transfer (EFT) with its bank. This is consistent with the “mailbox rule” for snail mail when the postmark is evidence of timely payment. In both situations, when the check or payment is received by the claimant or claimant’s bank is not legally relevant. As a reminder, EFT can be used only if both sides agree. Certainly, the Board is supporting the use of EFTs. Many claimants and their attorneys want this as payment generally arrives sooner, particularly as we have seen significant delays in snail mail in the first half of the year. Of course, not all claimants have a banking situation that would allow for EFTs.
Note: Although a settlement is timely as long as the check or EFT goes out by day 17 (assuming out of state), we continue to recommend payment issue as soon as possible so we can confirm it has arrived by the deadline. That gives certainty and will always avoid the 20% penalty. We have seen situations when it appears on an adjuster’s computer screen that a check went out on a certain day, only to later see a copy of the postmark on an envelope that has a different date.
- Conservator for incapacitated claimant: The issue here is a the Board appointing someone to receive weekly TTD check and potentially settle the claim when a claimant cannot act on his own. (Conservators are also involved in death claims.) The amended Rule here has an addition requiring a medical opinion as to a claimant’s incapacity. When a claimant is married the process is usually, but not always, straightforward. In a situation where the claimant is not married there can be potential conflicts.
Note: Board appointed conservators can also request hearings and take certain actions within the workers’ comp claim only. To take other actions – including pursuing benefits through the employer – different legal documentation may be required such as a Power of Attorney or Order from the Probate Court.
The 2024 Rules, effective July 1, 2024, contain organizational, editorial, and substantive changes. This summary of the 2024 amendments to the Rules is intended as a convenient reference and should not be considered an exhaustive description of all rule changes. For detailed information regarding changes to a particular rule, please refer to the published version of the rule.
Rule 61(b)-Board Forms
The bold paragraph in Rule 61(b) is amended to be consistent with Rule 61(b)(59). and clarifies that when filing a Board form with the Board, the most currently revised version of the form must be used.
Rule 105 (a)- Appeals to the Courts
Rule 105(a) that required simultaneous filing with ICMS at the time a petition for review is filed with the Superior Court was inconsistent with O.C.G.A. § 5-3-7(h) that allows filing with the lower court within 5 days after the filing of the petition for review in the Superior Court. To make the rule consistent with the statute, the second sentence of Rule 105(a) is amended to provide:
A copy of the petition for review should simultaneously be filed electronically through ICMS, but in no event later than 5 days after the petition for review is filed with the Superior Court in accordance with O.C.G.A. § 5-3-7(h), which satisfies the requirement that a copy of the petition be served on the clerk of the Board.
Rule 203(e)-Employee’s Travel Expenses to Obtain Medical Treatment Rule 203(e) is amended to provide as follows:
Travel expenses shall include the actual cost of meals when total elapsed time of the trip to obtain outpatient treatment exceeds four hours. Where overnight travel is reasonably necessary, travel expenses shall include the actual reasonable cost of meals and lodging. Cost of meals shall not exceed $45 per day.
Rule 221(a)-Electronic payments
The following sentence is added at the end of Rule 221a):
Payments by electronic funds transfer shall be considered to be made at the time the payer initiates an Automated Clearing House (ACH) electronic funds transfer with its financial institution.
Rule 226-Supporting Documentation Required for Petition for Appointment of Temporary Conservator
Rule 226(b) is amended to require the atachment of supplemental documentation required by Forms 226a and 226b and provides as follows:
Board Rule 226(b): Any applicant for conservatorship shall consent to a criminal history record check via a Form WC-226(a) or Form WC-226(b) at the time the petition for conservatorship is submitted to the Board. In addition, the applicant shall attach supporting documentation necessary to process the request, including, but not limited to, marriage certificate, birth certificates, death certificate, custody orders, child support orders and any other documentation requested by the Board. When a petition for appointment of temporary conservator for a legally incapacitated adult is submitted, an affidavit by a qualified physician who has recently examined the alleged legally incapacitated adult shall also be required in addition to the documentation listed above.
