STATUTORY CHANGE IN CONDITION, O.C.G.A. §34-9-104 CHECKLIST

• The statutory change of condition in O.C.G.A. §34-9-104 may only be used in cases with a date of injury after July 1, 1992 and only in non-catastrophic cases.
• The authorized treating physician has released the claimant to return to work within restrictions.
• Within 60 days of the actual release by the authorized treating physician, properly complete a WC-104, attach the medical report from the authorized treating physician and file the from with the State Board of Workers’ Compensation and serve it on the claimant and his/her attorney.
• Once the WC-104 form is properly completed, filed and served, then after 52 consecutive or 78 aggregate weeks of light duty releases, the claimant’s benefits will be reduced from temporary total to temporary partial disability benefits.
• The WC-2 form must be filed showing this reduction and must attach the original WC-104 form and its supporting documentation.
• This reduces the Employer’s exposure from 400 weeks down to 350 weeks of benefits. (TTD to TPD).
• There may be a weekly dollar reduction depending upon the average weekly wage and the TTD benefit. Keep in mind that the maximum TTD and TPD benefits are controlled by the date of injury. If the Claimant is drawing the maximum temporary total disability benefits, then the reduction will be down to the maximum temporary partial disability benefit.
• Even where there is not a weekly dollar reduction, the WC-104 form should be used to reduce the weekly cap (400 weeks to 350 weeks).