Columbus, Georgia Lawyer Mark Jones – Workers Compensation Update Rule 104
Columbus, Georgia Lawyer Mark Jones – Workers Compensation Update
The State Board of Workers Compensation frequently changes the Board Rules that govern the procedures and processes involving a workers compensation claim for an individual hurt in Georgia. These rules are changed and tweaked every year and any changes are usually uploaded on the Board’s website.
Board Rule 104 and the WC-104 Require Notification Before Cutting Benefits
One recent change was to Board Rule 104, which involves form WC-104. This rule and accompanying form allows an employer to give the employee notice that his/her authorized treating physician (colloquially referred to as the “company doctor”) has released the injured worker to modified or restricted duty (“light duty”).
The rule provides that once the attorney and the injured worker, a time limit starts that may lead to a reduction in the injured worker’s weekly benefits (their “check”). The rule is very technical and the employer must comply with certain procedures. However, the gist of the rule is that it can cut off or trigger a significant reduction in an injured worker’s pay.
The good news regarding the rule is that rule has been modified to require notice on the attorney and the injured worker. Prior to this modification to the Board rule, injured workers throughout Columbus, Georgia and the entire state would sometimes not receive any notice of a reduction because adjusters would sometimes not send the 104 to the attorney and the injured worker. Since the rule looks ahead to 52 weeks out, it was a big deal when no notice was received. This lead to issues with one side claiming they sent the form and the injured worker and his/her lawyer claiming that they did not receive the form.
Call an Experienced Lawyer if You are on Light Duty Status or Receive a WC-104
There are many procedural aspects to WC-104 and this rule requires the consultation of a lawyer familiar with workers compensation claims such as Lawyer Mark Jones. If you have received a WC-10 or had your benefits reduced or stopped receiving your workers compensation check, contact Mark Jones for a free case evaluation at 706-225-2555. You can also reach him at firstname.lastname@example.org