This week’s tip covers the importance of MMI in Georgia (Spoiler- MMI is not very important in Georgia).
JOHN’S GA TIP OF THE WEEK: The Importance (or lack thereof) of MMI In Georgia
- In short, Maximum Medical Improvement (MMI) occurs when an injured worker’s work injury has stabilized and is unlikely to improve further with additional medical treatment.
- THREE KEY POINTS ABOUT MMI IN GEORGIA:
- In Georgia, MMI has ZERO impact on the Claimant’s entitlement to indemnity benefits which are determined by their earning capacity. If the Claimant reaches MMI but remains on a no-work status or on a light duty work status the Employer cannot accommodate, they are still entitled to indemnity benefits.
- Unlike other states, in Georgia, you do NOT have to wait until the Claimant reaches MMI to settle the claim.
- Georgia is not an MMI state, so nothing happens when they reach MMI. Georgia is a “return to work” state, so the one thing an employer can do to reduce the value of the claim is offer light duty work. If the Claimant is on light duty but no light duty work is offered, the Claimant can (and often will) collect indemnity benefits for 350 weeks (6.73 years). Therefore, the ability to offer light duty work is SUPER important.
Enjoy the rest of your week!
Sincerely,
John Fennelly Junior Partner