In June 2006,Yvonne Bolden, an employee at S&B Engineers and Constructors, suffered a compensable injury to her left hand and began receiving temporary total disability in November 2006. On March 26, 2007, a neurologist reported that Bolden could return to work, with limited restrictions on what she could lift or carry. Bolden's case manager, who accompanied her to the appointment, reported the neurologist's statement to the insurer. The insurer subsequently terminated Bolden's weekly benefits without notice on April 24, 2007. Bolden hired an attorney and sought reinstatement of her temporary total disability from April 24, 2007 until May 9, 2008, when she began a new job.
The Georgia code (OGCA § 34-9-221) requires employers to file a form WC-2 with the board and to send a copy to the employee giving them ten days notice of the termination of benefits. Here, the employer and insurer never filed the WC-2 form at all and never explained to Bolden why they were terminating her benefits. The court held that their noncompliance with the code was unreasonable and that Bolden was entitled to benefits from April 24, 2007 until May 9, 2008.
The code is designed to protect the Georgia injured worker and afford them due process. Not only must the employer notify the employee that their benefits are being terminated, but they must inform them of the reason for the termination.
Visit our Georgia Workers' Compensation Law website at www.atlantaworkerscompensationattorney.com and call us at 404-352-3400 for help with your workers' compensation case anywhere in the State of Georgia.
