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Compliance Corner: Changing Benefits in Georgia

05 Jul, 2024 Frank Ferreri

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Atlanta, GA (WorkersCompensation.com) -- When it comes to making changes to benefits in the Peach State, several key rules apply. Here's how they break down.

TTD to TPD

To unilaterally convert an employee's income benefits from temporary total disability income benefits to temporary partial disability income benefits, the employer or insurer must file a Form WC-104 with the Board and serve the employee and the employee's attorney the Form WC104 no later than 60 days from the date the employee was released to work with restrictions by the employee's authorized treating physician. In addition, the employer or insurer shall attach to the Form WC-104 the supporting medical report from employee's authorized treating physician demonstrating the employee is capable of performing work with restrictions.

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Conversion

After filing the Form WC-104 with the Board and serving the employee and the employee's attorney sufficient and timely notice, if the employee has been released to work with restrictions for 52 consecutive weeks or 78 aggregate weeks, the employer or insurer may unilaterally convert the employee's income benefits from temporary total disability income benefits to temporary partial disability income benefits by filing a Form WC-2 with the Board. Copies of all filings and supporting documents must be served on the employee and the employee's attorney, if represented.

Required Information

All documents filed with the Board must contain:

[ ] The employee's name

[ ] The date of injury

[ ] The Board claim number.

Any document that does not contain this information will be rejected by the Board.

What Date?

The date that benefits may be converted from temporary total disability benefits to temporary partial disability benefits will be determined by the date the employee was released to work with restrictions.


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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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