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Board Rule 262 Computing Temporary Partial Disability

(a) The average weekly wage the employee is able to earn after the injury may be determined according to the method of computation in O.C.G.A Board Rule 34-9-260(1).

(1) An employer/insurer using this method may recompute the average weekly wage after payment of benefits begin under O.C.G.A. Board Rule 34-9-262 and at 13-week intervals thereafter.

(2) In lieu of calculating an average weekly wage after injury based on 13-week intervals, the employer/insurer may elect to calculate benefits due each week by multiplying two-thirds times the difference between the average weekly wage on the date of injury and the actual weekly wage the employee earned each week thereafter.

(b) For the purposes of calculating temporary partial benefits as contemplated by O.C.G.A. Board Rule 34-9-104(a)(2), see method of calculation set forth in O.C.G.A. Board Rule 34-9-104(a)(3).

(c) When paying weekly temporary partial disability income benefits, file a Form WC-262 with the Board at 13 week intervals or when such benefits are suspended, whichever comes first. When filing the Form WC-262 with the Board, send a copy to the employee and the employee’s counsel, if represented.

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Seth Bader
(678) 562-5595