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
- 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
- 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).
2006 Hamilton, Westby, Antonowich & Anderson