2022 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers’ Compensation
Article 6 - Payment of Compensation
Part 3 - Limitations on Payment
§ 34-9-240. Effect of Refusal of Suitable Employment by Injured Employee; Attempting or Refusing to Attempt Work With Restrictions
- If an injured employee refuses employment procured for him or her and suitable to his or her capacity, such employee shall not be entitled to any compensation, except benefits pursuant to Code Section 34-9-263, at any time during the continuance of such refusal unless in the opinion of the board such refusal was justified.
- Notwithstanding the provisions of subsection (a) of this Code section, if the authorized treating physician releases an employee to return to work with restrictions and the employer tenders a suitable job to such employee within those restrictions, then:
- If such employee attempts the proffered job for eight cumulative hours or one scheduled workday, whichever is greater, but is unable to perform the job for more than 15 working days, then weekly benefits shall be immediately reinstated, and the burden shall be upon the employer to prove that such employee is not entitled to continuing benefits; or
- If such employee attempts the proffered job for less than eight cumulative hours or one scheduled workday, whichever is greater, or refuses to attempt the proffered job, then the employer may unilaterally suspend benefits upon filing with the board the appropriate form with supporting documentation of the release to return to work with restrictions by the authorized treating physician, the tender of a suitable job within those restrictions, and a statement that such employee did not attempt the proffered job. Under those circumstances, the burden shall shift to the employee to prove continuing entitlement to benefits.
History. Ga. L. 1920, p. 167, § 33; Code 1933, § 114-407; Ga. L. 1994, p. 887, § 13; Ga. L. 2003, p. 364, § 5; Ga. L. 2013, p. 651, § 4/HB 154.
For article surveying Georgia cases in the area of workers’ compensation from June 1979 through May 1980, see 32 Mercer L. Rev. 261 (1980).
For annual survey of workers’ compensation, see 38 Mercer L. Rev. 431 (1986).
For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 204 (1994).
For annual survey of law of workers’ compensation, see 56 Mercer L. Rev. 479 (2004).
For annual survey of workers’ compensation law, see 57 Mercer L. Rev. 419 (2005).
For annual survey of workers’ compensation law, see 58 Mercer L. Rev. 453 (2006).
For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 185 (2013).