Employer Must Provide 10 Days Notice Before Suspending Indemnity Benefits


According to O.C.G.A. § 34-9-221(i) “where compensation is being paid with or without an award and an employer or insurer elects to controvert on the grounds of a change in condition or newly discovered evidence, the employer shall, not later than 10 days prior to the due date of the first omitted payment of income benefits, file with the board and the employee a notice to controvert the claim.”  In other words, if an employer wishes to stop an employee’s benefits the employer must provide notice 10 days before the actual suspension of the benefits.

For example, if a treating physician finds that an employee is no longer impaired physically or mentally as a result of a work accident as of August 21, 2006, then the employee is not entitled to medical benefits beyond this date but the employer must provide 10 days notice before suspending indemnity benefits.  The employer may go ahead and file a WC-2 on August 21, 2006, but indemnity benefits cannot be suspended any earlier than August 31, 2006.