Amendments to the Georgia Workers’ Compensation Act Effective July 1, 2016
By: Ryan Lawson, Associate, Atlanta
Every year on July 1st, the Georgia Workers’ Compensation Act changes. Sometimes the changes are substantial, such as the changes to the Posted Panel requirements that went into effect one year ago. In other years, the changes are less noticeable. 2016 falls squarely into the latter category with only a few relatively minor changes.
The most noteworthy change is a slight increase in maximum indemnity rates. Beginning July 1, 2016, the maximum Temporary Total Disability (TTD) rate increased from $550.00 per week to $575.00 per week, and the maximum TPD rate increased from $367.00 per week to $383.00 per week. Both of these increases will only affect injuries occurring on or after July 1, 2016.
The second change involves Board Rule 104, which provides the process by which an employer/insurer can convert a claimant’s TTD benefits to TPD benefits when a claimant on light-duty restrictions has not returned to work. The “104 process” as many of us know it, requires a 52 week waiting period from the date the claimant is allowed to return to work in any capacity by the authorized treating physician to the date that the claimant’s TTD benefits are converted to TPD benefits. If the 52 weeks are broken up by any period during which the claimant is placed on a no-work status, it extends further to 78 aggregate weeks. Nothing is changing with regard to the substance or function of the 104 process, but language has been added which clarifies that the process begins on the date the employee is released to return to work with restrictions, not the day the WC-104 was filed as long as the WC-104 is filed within 60 days from the date of the report. For example, if a doctor releases the claimant to work with light duty restrictions on July 1, 2016, you don’t get the report until July 25, 2016 and the WC-104 isn’t filed until August 10, 2016, you would still use July 1, 2017 as the date that the claimant’s benefits would be reduced to TPD.
The final change was to increase the maximum compensation payable to a surviving spouse when they are the sole beneficiary to $230,000.00, up from $220,000.00. As always, our Georgia office remains available to answer any questions you may have about these changes.