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Outline

The Georgia WC-104 form plays a crucial role in the workers' compensation process, specifically when an employee is cleared to return to work with certain restrictions or limitations. This form serves as a formal notification from the employer to the employee, detailing the conditions under which the employee may resume their duties. It is essential that this notification occurs within 60 days of the employee's release by their authorized treating physician. Along with the WC-104, a medical report that outlines the specific restrictions must be attached. This ensures that both the employee and their legal counsel are fully informed about the limitations imposed by the physician. Furthermore, the form indicates how the employee's income benefits will be adjusted based on their ability to return to work. If the employee does not return to work as specified, their benefits will be reduced accordingly. Understanding the implications of the WC-104 is vital for both employees and employers, as it directly affects the transition back to work and the financial aspects of workers' compensation claims.

Sample - Georgia Wc 104 Form

WC-104 NOTICE TO EMPLOYEE OF MEDICAL RELEASE TO RETURN TO WORK WITH RESTRICTIONS OR LIMITATIONS

GEORGIA STATE BOARD OF WORKERS' COMPENSATION

NOTICE TO EMPLOYEE OF MEDICAL RELEASE TO RETURN TO WORK

WITH RESTRICTIONS OR LIMITATIONS

Instructions: The employer shall use this form to notify an employee that the authorized treating physician has released the employee to return to work with restrictions or limitations, as required by O.C.G.A. §34-9-104(a) and Board Rule 104. This form, with attached medical report, must be sent to the employee and counsel for the employee, within 60 days of the release to return to work. This form, along with attached medical report, should only be filed with the Board as an attachment to a Form WC-2 when converting benefits from TTD to TPD.

Board Claim No.

Employee Last Name

Employee First Name

M.I.

SSN or Board Tracking #

Date of Injury

 

 

 

A. IDENTIFYING INFORMATION

 

 

 

County of Injury

 

 

INSURER/

Name

 

 

EMPLOYEE

 

 

 

 

 

 

 

 

 

SELF-INSURER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address

 

 

 

Name

 

 

 

 

 

 

CLAIMS OFFICE

 

 

 

 

 

 

 

 

 

 

City

State

Zip Code

Address

 

 

 

 

 

 

 

 

 

 

E-mail

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

State

Zip Code

 

Name

 

 

 

 

 

 

EMPLOYER

 

 

 

 

 

 

 

 

 

 

 

SBWC ID# (five digit no.)

 

Insurer/Self-Insurer File #

Address

 

 

 

 

 

 

 

 

 

 

 

 

 

City

State

Zip Code

Phone Number

 

 

 

 

 

 

 

 

 

 

E-mail

 

 

E-mail

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B. NOTICE TO EMPLOYEE

1.Your injury, which occurred on or after July 1, 1992, is not catastrophic, as defined in O.C.G.A. 34-9-200.1(g).

2.You are receiving income benefits, and are not working.

3.Your authorized treating physician, who is

has released you to work with restrictions or limitations on

4.The limitations from the physician are as follows:

A copy of the physician's report, which authorizes your release and describes your limitations, is attached.

5.Because you have been released to return to work with restrictions, your income benefits will be reduced from $

 

per week to $

 

per week on

 

, unless you return to work at an earlier date.

 

I certify that I have today sent a copy of this form with the attached medical report to the employee and counsel for the employee, if represented.

Print Name

Date

Signature

Phone Number and Ext

Employer / Insurer

E-mail

IF YOU HAVE QUESTIONS PLEASE CONTACT THE STATE BOARD OF WORKERS’ COMPENSATION AT 404-656-3818 OR 1-800-533-0682 OR VISIT http://www.sbwc.georgia.gov

WILLFULLY MAKING A FALSE STATEMENT FOR THE PURPOSE OF OBTAINING OR DENYING BENEFITS IS A CRIME SUBJECT TO PENALTIES OF UP TO $10,000.00 PER VIOLATION (O.C.G.A. §34-9-18 AND §34-9-19).

WC-104

REVISION . 07/2011

104

NOTICE TO EMPLOYEE OF MEDICAL RELEASE TO

RETURN TO WORK WITH RESTRICTIONS OR LIMITATIONS

Form Information

Fact Name Details
Form Purpose The WC-104 form notifies employees of their medical release to return to work with restrictions or limitations.
Governing Law This form is governed by O.C.G.A. §34-9-104(a) and Board Rule 104.
Timeframe for Notification Employers must send this form within 60 days of the employee's release to return to work.
Attachment Requirement The WC-104 must include an attached medical report from the authorized treating physician.
Income Benefits Impact Employees' income benefits will be reduced if they return to work with restrictions.
Catastrophic Injury Definition The form states that the injury is not catastrophic, as defined in O.C.G.A. §34-9-200.1(g).
Employee Information Key details required include employee's name, date of injury, and county of injury.
Employer Responsibilities Employers must ensure the form is sent to both the employee and their legal counsel if they are represented.
False Statements Penalty Making false statements on this form can lead to penalties of up to $10,000, per O.C.G.A. §34-9-18 and §34-9-19.

Detailed Guide for Filling Out Georgia Wc 104

Filling out the Georgia WC-104 form is an important step in the workers' compensation process. This form serves as a notification to the employee regarding their medical release to return to work with specific restrictions or limitations. Proper completion and timely submission of this form are crucial for both the employer and the employee to ensure compliance with state regulations.

  1. Obtain the form: Download the WC-104 form from the Georgia State Board of Workers' Compensation website or acquire a physical copy from your employer.
  2. Fill in identifying information: Start by entering the Board Claim Number, Employee's Last Name, First Name, Middle Initial, Social Security Number or Board Tracking Number, and the Date of Injury.
  3. Provide details about the injury: Indicate the County of Injury and the name and address of the Insurer or Self-Insurer. Include the Claims Office information as well.
  4. Enter employer information: Fill in the Employer's name, SBWC ID number, address, and contact details, including phone number and email address.
  5. Complete the notice to employee section: Ensure you check the box confirming that the injury is not catastrophic. State that the employee is receiving income benefits and is not currently working.
  6. Document physician's release: Clearly state the name of the authorized treating physician and the date they released the employee to work with restrictions or limitations.
  7. List the limitations: Write down the specific limitations provided by the physician. Attach a copy of the physician's report that details these restrictions.
  8. Adjust income benefits: Indicate the reduction in income benefits, specifying the current weekly amount and the new amount, along with the effective date of this change.
  9. Certification: The employer must print their name, date, and sign the form. Include the phone number and extension for any follow-up questions.
  10. Distribute the form: Send a copy of the completed form along with the attached medical report to the employee and their counsel, if they are represented.

Once the form is filled out and distributed, it’s essential to keep a copy for your records. This will help ensure all parties are informed and can follow the necessary steps moving forward. If any questions arise during this process, reaching out to the State Board of Workers' Compensation can provide clarity and assistance.

Obtain Answers on Georgia Wc 104

  1. What is the purpose of the Georgia WC-104 form?

    The Georgia WC-104 form serves as a notification to employees who have been injured at work. It informs them that their authorized treating physician has cleared them to return to work, but with specific restrictions or limitations. This form is essential for ensuring that both the employee and their legal counsel are aware of the medical conditions under which they can resume work.

  2. Who is responsible for sending the WC-104 form?

    The employer is responsible for sending the WC-104 form. They must provide this notice to the employee and, if applicable, the employee's legal counsel. This must occur within 60 days of the physician’s release to return to work. It is important for employers to comply with this timeline to ensure that employees are properly informed of their work status and any changes to their income benefits.

  3. What happens if the employee does not return to work?

    If the employee does not return to work after being released with restrictions, their income benefits may be reduced. The WC-104 form will indicate the new benefit amount, which is typically lower than what they were receiving while not working. This reduction in benefits will take effect unless the employee returns to work earlier than the date specified in the notice.

  4. What should an employee do if they have questions about the WC-104 form?

    If an employee has questions regarding the WC-104 form or their rights, they should reach out to the Georgia State Board of Workers’ Compensation. They can contact the Board at 404-656-3818 or 1-800-533-0682. Additionally, employees can visit the Board's website for more information and resources related to workers' compensation.

Common mistakes

Completing the Georgia WC 104 form accurately is essential for ensuring that both employees and employers understand the medical release to return to work. However, several common mistakes can hinder this process. One major error is failing to include the correct identifying information. This includes the employee’s full name, Social Security Number, and the date of injury. Missing or incorrect details can delay processing and lead to complications in benefits.

Another frequent mistake is neglecting to provide the physician’s report as an attachment. This report is crucial as it outlines the specific restrictions or limitations placed on the employee. Without this documentation, the employer may not fully understand the employee's capabilities, which can affect the return-to-work process.

Many individuals also overlook the importance of detailing the limitations from the physician. Simply stating that the employee has been released to work is not sufficient. It is vital to clearly outline what those restrictions entail, as this informs the employer of any necessary accommodations that may need to be made.

Additionally, failing to send the form within the required 60-day timeframe can lead to significant issues. The law mandates that the form must be sent promptly after the release to return to work. Delays can result in misunderstandings regarding benefits and the employee’s rights.

Some people mistakenly believe that the form does not need to be sent to the employee's counsel if they are represented. In reality, it is essential to send a copy to both the employee and their legal representative to ensure everyone is informed of the employee's status and rights.

Another common oversight is not specifying the reduction in income benefits. The form should clearly indicate the amount of benefits before and after the employee is released to work. This transparency helps avoid confusion and ensures the employee understands the financial implications of their return.

Moreover, failing to provide accurate contact information for the employer can create complications. If the employee or their counsel has questions, they need to know who to contact. Incomplete contact details may lead to frustration and delays in communication.

Some individuals also forget to include the signature and date on the form. This step is crucial, as it serves as a formal acknowledgment that the information provided is accurate and complete. Without a signature, the form may be deemed invalid.

Finally, many people underestimate the importance of reviewing the form for accuracy before submission. A thorough review can catch mistakes that could otherwise lead to complications down the line. Taking the time to double-check can save both the employee and employer from unnecessary issues.

Documents used along the form

When navigating the complexities of workers' compensation in Georgia, several forms and documents accompany the WC-104 form. Each of these documents plays a crucial role in ensuring that both employees and employers understand their rights and responsibilities. Here’s a brief overview of some key forms often used alongside the WC-104.

  • WC-2: Notice of Payment of Compensation - This form is used to inform the employee about the payment of benefits. It details the type of benefits being provided and any changes to the compensation amount.
  • WC-3: Employer's First Report of Injury - The WC-3 is the initial report filed by the employer after an employee is injured. It includes information about the incident, the nature of the injury, and the employee’s details.
  • WC-6: Notice of Suspension of Benefits - If an employer needs to suspend benefits due to a change in the employee's status, this form serves as the official notification, outlining the reasons for the suspension.
  • WC-101: Employee's Claim for Compensation - This document is essential for employees seeking benefits. It initiates the claims process by providing necessary details about the injury and the circumstances surrounding it.
  • WC-108: Request for Hearing - If disputes arise regarding benefits or claims, this form allows employees or employers to request a hearing before the State Board of Workers' Compensation.
  • WC-110: Medical Report - This report is completed by the authorized treating physician and outlines the employee's medical condition, treatment received, and any work restrictions or limitations.
  • WC-121: Return to Work Form - Once an employee is cleared to return to work, this form documents their ability to resume duties, whether with or without restrictions.

Understanding these forms can significantly streamline the workers' compensation process. Each document serves a specific purpose, ensuring that all parties involved are informed and protected. Properly completing and submitting these forms can help prevent delays and misunderstandings, making the return to work smoother for everyone involved.

Similar forms

The Georgia WC-104 form serves a specific purpose in the workers' compensation process. However, there are several other documents that share similarities with it. Each of these documents plays a role in communicating medical information or work status to employees and employers. Below is a list of eight documents that are similar to the Georgia WC-104 form:

  • WC-2 Form: This form is used to report the employee's wage loss benefits and is often filed alongside the WC-104 when converting benefits from temporary total disability (TTD) to temporary partial disability (TPD).
  • WC-105 Form: This form notifies an employee of their right to choose a treating physician. It ensures that employees are aware of their options regarding medical care.
  • WC-106 Form: This document provides a notice of claim denial. It informs the employee that their claim for benefits has been denied and outlines the reasons for the denial.
  • WC-107 Form: Similar to the WC-104, this form indicates an employee's return to work status but does not include restrictions or limitations. It simply confirms the employee is cleared to work.
  • WC-108 Form: This form is used to notify an employee of a change in their income benefits. It is crucial for keeping employees informed about their financial situation following a work-related injury.
  • WC-109 Form: This document is a request for a hearing. It is used when there is a dispute regarding the benefits or medical treatment, similar to how the WC-104 communicates medical release information.
  • WC-110 Form: This form is utilized to report a change in the employee's work status. It serves to update the employer and the Board about any changes that may affect the employee's benefits.
  • WC-111 Form: This document provides a notice of the employee’s right to appeal a decision made regarding their workers' compensation claim, ensuring that employees are aware of their legal rights.

Each of these forms has its own specific function, but they all work together to ensure that employees are properly informed about their rights, benefits, and medical status following a work-related injury.

Dos and Don'ts

When filling out the Georgia WC 104 form, it is essential to follow specific guidelines to ensure accuracy and compliance with legal requirements. Below is a list of things to do and avoid during this process.

  • Do ensure that all identifying information is accurate, including the employee's name, Social Security Number, and date of injury.
  • Do attach the medical report from the authorized treating physician that details the restrictions or limitations.
  • Do send the completed form to both the employee and their legal counsel within 60 days of the medical release.
  • Do clearly state the new income benefit amount and the effective date of any changes.
  • Do keep a copy of the form and the attached medical report for your records.
  • Don't omit any required information, as incomplete forms may lead to delays or legal issues.
  • Don't file the form with the Board unless it is attached to a Form WC-2 for converting benefits.
  • Don't alter any information on the form after it has been signed, as this may constitute a false statement.
  • Don't ignore the deadlines for sending the form; timely submission is crucial for compliance.

Misconceptions

Understanding the Georgia WC-104 form can be challenging. Here are five common misconceptions about this important document:

  • The WC-104 form is optional for employers. This is not true. Employers must use the WC-104 form to notify employees of their medical release to return to work with restrictions or limitations.
  • The form must be filed with the Board immediately. Actually, the form is not filed with the Board unless it is attached to a Form WC-2 when converting benefits from Temporary Total Disability (TTD) to Temporary Partial Disability (TPD).
  • Employees can ignore the restrictions listed on the form. This is a misconception. Employees should adhere to the restrictions provided by their authorized treating physician to ensure their safety and compliance with the return-to-work process.
  • The employer has unlimited time to send the form. In reality, employers must send the WC-104 form to the employee and their counsel within 60 days of the physician's release.
  • The WC-104 form is only for catastrophic injuries. This is incorrect. The form is used for all injuries that are not classified as catastrophic, as defined by Georgia law.

Clarifying these misconceptions can help both employers and employees navigate the workers' compensation process more effectively.

Key takeaways

When dealing with the Georgia WC-104 form, it is essential to be aware of the following key points:

  • Purpose of the Form: The WC-104 is used by employers to inform employees about their medical release to return to work with specific restrictions or limitations.
  • Timeliness is Crucial: Employers must send this form, along with the attached medical report, to the employee and their counsel within 60 days of the release to return to work.
  • Income Benefits Adjustment: The form indicates that income benefits will be adjusted based on the physician's recommendations, reducing the benefits unless the employee returns to work sooner.
  • Legal Consequences: Providing false information on this form can lead to severe penalties, including fines of up to $10,000 for violations.

Understanding these takeaways can help ensure compliance and facilitate a smoother transition back to work for employees. Prompt action is necessary to avoid complications.