Happy Friday, team!
This week’s tip covers an issue raised by opposing counsel in one of my claims earlier this week:
JOHN’S GA TIP OF THE WEEK: Can the Employer/Insurer Suspend Indemnity Benefits Based on a PROSPECTIVE (future/anticipated) Full Duty Release from the ATP? (ex: the Claimant sees the ATP on 10/2/26 who releases them to return to full duty as of 10/15/26)
- YES!
- The Appellate Division recently held “we find nothing in the Workers’ Compensation Act or case law that prohibits a prospective release to work as long as it is from the ATP and the employee was seen by the ATP within 60 days of the release date to work without restrictions.”
- HOWEVER, the Appellate Division also made clear that “likewise, nothing prohibits an employee from returning to see the ATP on or before or after the release to work date to reevaluate the release to work.”
Have a great weekend! As always, feel free to reach out if you run into any Georgia questions/issues.o any GA issues.
Sincerely,
John Fennelly | Junior Partner