Ch-Ch-Ch-Changes: 2023 Georgia Workers’ Compensation Updates
By: Jeff Stinson
As is often the case each year, there are some significant changes to various aspects of the Georgia workers’ compensation system, which took effect on July 1, 2023. There were changes to the laws, rules and forms, all of which will be discussed below.
Changes to the Law
As we recently alerted in the spring, the 2023 legislative package, which passed the legislature and which was signed into law by Governor Brian Kemp, included increases in the maximum Temporary Total Disability (TTD), Temporary Partial Disability (TPD) and Permanent Partial Disability (PPD) rates. The maximum TTD and PPD rates increased from $725.00 per week to $800.00 per week, while the maximum TPD rate increased from $483.00 to $533.00 per week. Consistent with these changes, the maximum benefit payable to a surviving spouse with no other dependents increased to $320,000.00.
Additionally, O.C.G.A. § 34-9-13 was amended to potentially allow an unmarried partner to be entitled to dependency benefits in the event of the death of their partner. In such situations, while there remains no presumption of total disability as exists in a marital relationship, dependency may be found and benefits awarded if the parties lived “continuously and openly in a relationship similar or akin to marriage.” The claimant dependent can prove actual dependency based upon “the facts at the time of the accident, based upon evidence proving the deceased employee provided support of economic value to the claimant dependent, including, but not limited to, monetary support, sustenance or housing.” The dependency must have existed for a period of three months at the time of the accident, otherwise no compensation is allowed. Similarly, the requirements for terminating a surviving spouse’s benefits were changed by removing the prior “cohabitation in a meretricious relationship” standard and replacing it with the “cohabitation continuously and openly in a relationship similar or akin to marriage” standard, which includes evidence of financial support, similar to what is required to establish dependency.
Finally, in 2022 the legislature amended O.C.G.A. § 34-9-105 with regard to appeals to the superior courts but delayed the change taking effect until July 1, 2023. Prior to July 1, 2023, an appeal of a decision from the Board to the appropriate superior court was to be filed with the Board. As of July 1, 2023, the appealing party shall file a “Petition for Review” in the appropriate superior court and provide the Board with a copy of the filing.
The changes to the benefit rates and dependency apply only to injuries occurring on or after July 1, 2023, as they are substantive changes in the law. The change to the appellate process likely will apply to all claims regardless of date of injury, as it is a procedural change.
Changes to the Rules
There were changes to nine different Board Rules, which also took effect as of July 1, 2023. The most notable change is the mileage reimbursement rate, which was increased to $0.45 per mile. This change applies to all mileage traveled after July 1, 2023, but applies to injuries which occurred both before and after July 1, 2023.
Rule 200.2 was updated to more explicitly state the certifications or licenses required for someone to be deemed to be a “qualified medical case manager.” It further added the requirements for notification of contact to Rule 200.2, rather than referring to Rule 200.1(II)(D). As a quick refresher, a qualified medical case manager may contact the treating physician for purposes of assessing, planning, implementing and evaluating the options and services required to effect a cure or provide relief but must provide written notice of being retained by the employer/insurer. This does not apply to a direct employee of the insurer, third-party administrator, employer or to an attorney representing a party. Finally, Rule 200.2 was amended to provide some oversight of qualified medical case managers. Violations of the Rule can be referred to the Managed Care and Rehabilitation Division.
Changes to Forms
The Board periodically updates forms we use on a regular basis. This year, it appears as if they made updates to 11 of the 59 forms available on the Board’s website. While most of the form changes appear to be minor, the new Panel of Physicians form is dramatically different from its prior versions. The form now includes room for up to nine providers and includes a space for the provider’s website. There were no changes to O.C.G.A. § 34-9-201 or Board Rule 201 and thus no changes to the requirements for a valid Panel of Physicians. There also does not appear to be any requirement that a website address be listed. Board Rule 61 requires the current version of all forms to be utilized, and thus it is advisable to use the current versions of all forms, including the panel, when reasonably practical to do so.
Attorney Contact Info
Jeff Stinson
jeff.stinson@swiftcurrie.com
404.888.6207