Georgia Workers' Compensation Lawyer Blog

No. I've seen several Georgia workers' compensation insurance adjusters cut off a workers' comp claimant's disability benefits after a treating doctor has released him to light duty lately. This is a mistake (or it could be on purpose). Either way, it's not allowed, unless several steps outlined in O.C.G.A. 34-9-240 are followed.

Basically, your authorized treating physician needs to "sign off" on the light duty job your employer is trying to offer you. Then, notice needs to be sent to you and your attorney via the WC-240 form. A WC-2 also needs to be filed, showing you that your benefits will be discontinued when you return to work.  Finally, you have to get at least 10 days notice.

If you try to do the job and can't, your disability benefits have to start again. 

If your workers' compensation doctor releases you to light duty, and you haven't seen a WC-240 (or any of the other steps outlined above followed), the workers' comp adjuster cannot cut off your temporary total disability benefits. Feel free to call Moebes Law, the Atlanta workers' compensation attorney, for help with your workers' compensation questions regarding light duty releases and return-to-work issues.

Being an Atlanta workers' comp lawyer who defended insurance adjusters for the past five years, I can tell you that your insurance adjuster is not your enemy.  I've found that these folks are often overworked and underpaid, but most of them genuinely want to help injured workers who need medical and indemnity benefits, restoring them to work as soon as possible. 

Perhaps you've heard insurance companies or their employees vilified.  While I don't always agree with their choices of treating doctors or evaluation of claims' exposure now that I represent injured workers in Atlanta, I don't view them as the enemy, either.

Frankly, if you're interested in resolving your workers' compensation claim, getting it settled, or getting a change in physician, it's better to work with--not against--your insurance claims adjuster to the extent you can.  You may think that seeking legal representation will hinder you in this process.  Not true.  Working with a knowledgeable, well-connected Atlanta workers' compensation attorney will help.  Give me a call for a free case evaluation, and we'll develop a game plan.