Procedural requirements can be easily overlooked in Georgia workers’ compensation cases. Yet, understanding each party’s duties and responsibilities is extremely important. In a recent case, one state’s supreme court found a claimant could keep an overpayment of workers’ compensation benefits after the employer failed to follow the procedure outlined in the statute.
The claimant in the case worked as a shuttle driver for his employer. One day, the claimant stepped on the frame of a truck and slipped. He fractured his left ankle and had to have several surgeries.
The claimant sought workers’ compensation benefits and received temporary total disability benefits of $67.37 per day. The employer had paid workers’ compensation benefits to the claimant while the claimant was undergoing medical and physical rehabilitation. Almost two-and-a-half years later, the claimant’s doctor reported that the claimant had reached his maximum degree of medical improvement.