Legal Question in Workers Comp in Georgia
Temporary Partial Disability (TPD)
I have a 2000 WC claim. We are paying TPD. The AWW $1557. His gross $212.72. The max. TPD is $250 for 2000. How do you calculate his TPD.
2 Answers from Attorneys
Re: Temporary Partial Disability (TPD)
I have a lot of questions for you. Why are you not receiving TTD benefits instead of TPD. If your doctor has released you to light work but you cannot find it, did the insurance company file a WC-104 within 60 days after your doctor issued his light duty return to work order? If not, you would be entitled to a higher weekly disability rate. What kind of injury did you sustain? You are entitled to 350 weeks of benefits if the procedure was properly followed above. If not, you are entitled to 400 weeks of benefits. These benefits can be extended if you have sustained PPD (permanent partial disability). They can also be extended if you are eligible for SSDIB. Have you had another opinion from a well-qualified specialist. Have you returned to work and possibly aggravated your condition to the point where you could be eligible for a new injury determination. What kind of job earned you $1557 weekly. Sounds like a very good job. What are you doing now? How long have you been back at work and is it the same employer as where you were injured? Yes, 2/3 of the difference between the before and after wage with a cap of $250 is what you are entitled to for 350 weeks, begining with your date of injury, whether you drew this money then or not. You measure from the Date of Injury. Remember, without a Catastrophic designation you will soon lose your entitlement to any further TPD. Good luck.
Re: Temporary Partial Disability (TPD)
TPD is based on 2/3 of the employee's wage loss with a maximum benefit of $250.00. Therefore, if the employee is losing $1,344.28 per week in wages, the employee is entitled to TPD in the amount of $250.00.