Light duty job offers in workers’ compensation claims

The light duty job offer is one of the best tools available to employers and insurers in the workers’ compensation arena. A light duty offer helps reduce the cost of claims where an employee is receiving weekly indemnity benefits.

Under O.C.G.A. §34-9-240, an employer/insurer must first present a light duty job description to the authorized treating physician. This is usually done on a form WC-240a which sets forth the details and specific requirements of the light duty job. Next, if the doctor approves the job, the employer/insurer should make a formal “job offer” on a form WC-240 to the employee (and their attorney, if represented) with at least 10 days advance notice. The signed WC-240a should be attached behind the form WC-240. If the employee fails to show up for the light duty job assignment her weekly disability benefits may be suspended immediately. Usually, the employee will appear and briefly “attempt” the job. If she does not continue working at least 15 days she is entitled to a resumption of benefits; however, the employer/insurer can request a hearing on the suitability of the light duty job and request that weekly benefits be suspended.

An employer committed to offering light duty work to injured employees can help drive down the cost of claims. More often than not this will also help to get the claim resolved.

Please visit us at www.davidandrosetti.com

David W. Willis, Esq.

Controlling medical costs in workers' compensation claims

As a workers' compensation defense attorney in Georgia I frequently handle claims in which the choice of doctor in a claim has a tremendous impact on the outcome of the claim. In Georgia employers generally have control of the physician-selection process in connection with workers' compensation claims, as long as they post a proper panel of physicians. Georgia law requires a posted panel to include at least six unassociated physicians, including at least one orthopedic, no more than two industrial clinics, and posted panels should include at least one minority physician. Aside from having the proper number and type of doctors listed on the panel, employers should post the panel in prominent places where employees can see the panel, and employers should also take steps to make sure employees understand the purpose of the panel and their rights under the workers' compensation system.

It is important to know the doctors and providers listed on your panel. For more information about this issue or to find specific doctors or providers visit us at www.davidandrosetti.com.

Chuck DuBose, Esq.
chuck.dubose@davidandrosetti.com