Hamilton, Westby, Antonowich & Anderson, L.L.C

O.C.G.A. §34-9-240, BOARD RULE 240, BOARD FORM WC-240 AND SUITABLE LIGHT DUTY OFFERS OF EMPLOYMENT CHECKLIST

Has the authorized treating physician released the claimant to return to work with restrictions?
If the claimant is released to return to work with restrictions by the authorized treating physician, have the authorized treating physician review and approve an accurate and detailed job description. Consider using Board form WC-240(a) for the job description.
At the time that the job description is forwarded to the authorized treating physician for a review and hopefully approval, send a copy to the Employee or the Employee's attorney if represented.
At the time the authorized treating physician reviews and hopefully approves the light duty job description, the claimant must have been physically examined by the authorized treating physician within the last 60 days.
Make offer of suitable light duty employment to the claimant utilizing the WC-240 board form, attach a copy of the physician approved job description to the WC-240 form. Make sure to properly complete the 240 form, including all information required on the face of the form. Please note, the 240 form should be signed by the Employer if possible, if not, make sure and indicate who is signing the job offer.
Attach a copy of the job description to the WC-240 to be sent to the claimant, giving the claimant 10 days notice of the job offer. I would suggest allowing an additional 2 to 3 days for mailing. Also, it is suggested that the offer be sent regular and certified mail to the Employee and the Employee's attorney.

If Employee Does Not Report to the Properly Offered Job

If the Claimant refuses to report to a properly offered job, then weekly TTD benefits may be suspended unilaterally as of the date of the unjustified refusal.
A WC-2 form must be filed with the Board to suspend benefits and you should attach the WC-240 with all supporting documentation to the WC-2 form.

If the Employee Attemps the Job But Does Not Complete 15 Actual Work Days

If the claimant attempts the job but does not complete the actual 15 days of work, then weekly TTD benefits must be immediately reinstated. At this time, if the Employer feels that the claimant is unjustifiably refusing to continue to work the light duty job, then the Employer may request a hearing making this allegation and seeking to suspend benefits.

The Claimant Returns But Is Earning Less

Keep in mind that if the claimant returns to work but is earning less money because of his restrictions, then TPD benefits are owed and a WC-2 form should be filed reflecting the suspension of TTD benefits and the commencement of TPD benefits.