by Alissa C. Atkins, Esq.

Yesterday marked the start of the 153rd Georgia General Assembly. For several weeks we have been expecting the session will result in further changes to the Georgia Workers’ Compensation Act. Friday evening, we had the opportunity to hear directly from the Chairman of the State Board, Frank McKay, when he spoke to select workers’ compensation attorneys at the State Bar’s Mid-Year Conference about the anticipated bill. Chairman McKay confirmed the proposed increase in the maximum temporary total disability rate from $525 to $550. He also indicated there will be a corresponding increase in the temporary partial disability rate, and anticipates a secondary increase in 2016. A previous version of the bill also tied the weekly income benefit to the state average weekly wage, but automatic wage adjustments will not be part of the 2015 legislation.

Chairman McKay also explained the intent to increase the maximum benefit to a surviving spouse in a death benefit claim, which is currently capped at $150,000. However, this cap had not been increased since 2006, when it increased from $125,000 to correspond with the increase in the TTD rate to $375. The current proposal will increase the cap to $220,000. Chairman McKay noted that this figure represents 400 weeks of benefits at the proposed $550 cap. He explained that needing to change the numbers throughout the statute to reflect increases in the maximum compensation rate requires constantly revising the Act. Therefore, he is working with the advisory council to recommend that the death benefit maximum be tied to the temporary total disability maximum.

We will monitor the status of this bill throughout the legislative session, and will update you regarding key developments as well as any changes in the law, which will most likely go into effect on July 1, 2015.