Se habla español
Click to Call

2006 Summary Of Legislative Changes

O.C.G.A. §34-9-104(a)(2) was modified to provide that when an employer seeks to convert a disabled employee’s Temporary Total Disability Benefits to Temporary Partial Disability Benefits, “the employer shall provide notice to the employee on a form [WC-104]. . . that he or she has been released to work with limitations or restrictions,” whereas the prior version of this code section provided that “the employee shall receive notice from the employer . . . .”  Note: This modification was intended to make the wording of this code section consistent with the wording in other code sections.

O.C.G.A. §34-9-203was amended to clarify that injured employees who were seeking reimbursement for mileage expenses had to submit their mileage expenses to the employer/insurer within one year of the date the expenses were incurred.

O.C.G.A. §34-9-265 was amended to increase the maximum cap on death benefits from $125,000.00 to $150,000.00 for the surviving spouse who is the sole dependent at the time of the employee’s death.  Note: These benefits are paid on a weekly basis based upon the weekly Temporary Total Disability rate that the deceased employee would have received.

O.C.G.A. §34-9-362 was amended to change three deadlines for an employer/insurer to obtain a reimbursement agreement from the Subsequent Injury Trust Fund (SITF):

  • An employer/insurer who filed a Notice of Claim with the SITF on or before July 1, 2008, had until June 30, 2009, to obtain a reimbursement agreement from the SITF;
  • An employer/insurer who filed a Notice of Claim with the SITF after July 1, 2006, had three years from the date that the Notice of Claim was received by the SITF to obtain a reimbursement agreement from the SITF; and;
  • In those cases where compensability of the underlying workers’ compensation claim was at issue before the State Board of Workers’ Compensation, an employer/insurer was given three years from the date of final adjudication of compensability (by the State Board of Workers’ Compensation or any appellate court) to obtain a reimbursement agreement from the SITF.

Any claim for reimbursement would be deemed automatically denied when an employer/insurer failed to obtain a reimbursement from the SITF within the applicable deadline.

To return to the Workers’ Compensation Law Index, click on the “Law” Button.

◂ Back to Blog
Seth Bader

Seth Bader Law Firm Logo

(678) 562-5595