Georgia Workers' Compensation Common Terms
Temporary Total Disability (TTD) Benefits
TTD benefits are weekly workers' compensation income benefits intended to compensate an injured worker for time missed from his or her job. According to O.C.G.A. 34-9-261, TTD benefits should be equal to two thirds of the injured worker's average weekly wage and cannot exceed $500 per week.
Temporary Partial Disability (TPD) Benefits
TPD benefits are weekly workers' compensation income benefits which are intended to compensate an injured worker for lost time. However, TPD benefits are only relevant when an injured worker has returned to work and is making less than his pre-injury average weekly wage. TPD benefits are governed by O.C.G.A. 34-9-262, and are equal to two thirds of the difference between the pre-injury and post-injury average weekly wage.
Permanent Partial Disability (PPD) Benefits
PPD benefits are intended to compensate an employee for permanent loss of use of a body part following a workplace injury. PPD benefits are governed by O.C.G.A. 34-9-263. Once you have reached maximum medical improvement (MMI), your doctor should assign you a PPD rating. If your doctor has noted you are at MMI and he has not assigned a PPD rating, you may want to ask your doctor if he believes you have a PPD rating. Eventually, the Employer/Insurer will be required to compensate you for the permanent loss of use of that body part.
Georgia State Board of Workers' Compensation
This is the body governing workers' compensation claims in the State of Georgia. The State Board of Workers' Compensation is responsible for adjudicating all Georgia workers' compensation claims. If your case requires a hearing, your hearing will be held at an office of the State Board of Workers' Compensation. An Administrative Law Judge (ALJ) from the State Board will eventually rule on factual and legal issues in your case.
Authorized Treating Physician (ATP)
In a workers' compensation claim, the ATP is the doctor who is primarily responsible for treating you for your work injuries. Frequently, the parties agree to designate a certain doctor as the ATP. The ATP can also be appointed by the State Board of Workers' Compensation, or selected from the panel of physicians. Generally, if the ATP makes a referral for treatment or testing, that referral will be authorized by the workers' compensation carrier.
Administrative Law Judge (ALJ)
If a litigated issue arises in a workers' compensation case, an ALJ is assigned to hear the case. The ALJ will preside over the workers' compensation trial or hearing, and will make a decision regarding any factual or legal issues. The decision of the ALJ can then be appealed to the Appellate Division of the Georgia State Board of Workers' Compensation.
Employer/Insurer
In workers' compensation cases, a claim is generally brought against an Employer and the Employer's workers' compensation insurance carrier. Thus, workers' compensation attorneys refer to those parties collectively as the Employer/Insurer. It is usually the insurance carrier who actually pays the claim.
Workers' Compensation Settlement Mediation
In workers' compensation claims, the claimant and the workers' compensation carrier have to agree upon a settlement amount in order for the case to settle. The judge cannot force the parties to settle, and juries cannot award a settlement. To settle a workers' compensation claim, a settlement mediation is frequently required to help the parties agree on a settlement amount. A workers' compensation settlement mediation is an opportunity to sit down and try to resolve the claim using a third party mediator.