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Georgia Legislator Offers an Olive Branch with Changes
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Kenny Bishop
There were several changes to the Georgia Workers’ Compensation Act as a result of the recent House Bill 1409, which took effect July 1, 2022. It appears, the Georgia legislators took a page out of Michael Jackson’s book and decided to take a look in the mirror and make a change. Included in these changes were amendments to the maximum compensation rate, which will impact indemnity benefits for any date of injury on or subsequent to July 1, 2022. The increase in income benefits are not retroactive. The maximum Temporary Total Disability (TTD) rate increased from $675 to $725 per week. Chamone! Likewise, the maximum Temporary Partial Disability (TPD) rate increased from $450 to $483 per week. Along with these changes, the maximum indemnity benefits recoverable by a surviving spouse with no dependents increased to $290,000 from $230,000.
Further, there were a few changes to the Board Rules, including the procedure for disputing medical charges and/or treatment. These changes were enacted to stop any smooth criminals. For any disputed medical charges under Board Rule 203, the challenging party must (1) file a request for peer review with a peer review organization authorized by the Board—now listed on the Board’s website—within 180 days—under the prior Board Rule 203, we only had 30 days to dispute it—of the payment, reduction, denial, or decision on an appeal of charges by the employer/insurer, (2) serve a copy of the request and supporting documentation upon all parties and counsel, and (3) follow the rules of the peer review organization with respect to any required additional copies. No penalties or interest will accrue on disputed charges submitted to peer review until the peer review organization makes a decision regarding the disputed charges. Penalties for late payment will not apply until after a decision by a peer review organization, or a final decision of an Award after hearing, whichever is later. The amendments also featured subsections prohibiting peer review services for future/prospective medical treatment charges and for determination of medical necessity.
Last, there were changes to Board Rule 205. The only change to this Board Rule was that all medical services covered under O.C.G.A. 34-9-200 are now included in the Petition for Medical Treatment process. The old rule only covered treatment and testing, but the new rule includes all medical services and items prescribed by an authorized treating physician. For example, if Billie Jean was recommended a prosthetic, DME, spinal cord stimulator, hearing aids, eyewear, etc. by her ATP and the employer/ insurer did not indicate whether the medical item would be authorized or not authorized, since the employer/insurer was not her lover, she could file a PMT to expedite the recommended medical item by the ATP.
