My Georgia workers’ compensation adjuster cut off my benefits after a light duty release. Is this okay?

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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.

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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.

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