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 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.