Monday, May 13, 2013

Georgia WC Reform: RTW Amendments, among others signed by governor

The Georgia legislature has passed House Bill 154 which contains several workers' compensation amendments.  It was signed by the state's governor on May 6, 2013 and becomes effective July 1, 2013.

The major highlights as they relate to workers' compensation benefits include:

·         For non-catastrophic injuries, medical benefits are capped at 400 weeks
·         Mileage must be reimbursed to injured workers within 15 days of receipt of appropriate documentation
·         Trial RTW period:  If the injured worker attempts a trial RTW and attempts to work for the greater of 8 cumulative hours, or 1 schedule day and is unable to, the Employer must immediately reinstate the injured worker's benefits.  The employer then must demonstrate that the injured worker is not entitled to ongoing TTD benefits.
·         Trial RTW period:  If the injured worker attempts a trial RTW for less than 8 cumulative hours or 1 scheduled work day, or refuses to attempt to perform the job, the Employer may immediately suspend the injured worker's benefits.  The injured worker then has the burden of proof for continuing benefits.
·         Interest owed to injured workers for lump sum payments is decreased from 7% to 5%.
·         The maximum TPD rate is increased from $334 to $350 and capped at 350 weeks from the date of injury.  The maximum TTD rate is increased from $500 to $525 and capped at 400 weeks from the date of injury.
These amendments are beneficial for employers who are offering modified duty to their injured workers as they provide a period of time for which the injured worker must attempt modified duty.  The Georgia 240 process for offering work to an injured worker has not changed.  To read a copy of the bill, click here.

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