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When navigating the complexities of workplace injuries in Georgia, understanding the WC-104 form is essential for both employees and employers. This form serves as a crucial communication tool, notifying employees that their authorized treating physician has cleared them to return to work, albeit with specific restrictions or limitations. It’s not just a formality; it is a legally required document under Georgia law, specifically O.C.G.A. §34-9-104(a) and Board Rule 104. Employers must send this notice, along with the attached medical report, to the employee and their counsel within 60 days of the release. The WC-104 form includes vital information such as the employee's injury details, the physician's limitations, and the implications for income benefits. For instance, if an employee is released to work with restrictions, their income benefits may be adjusted accordingly. This form ensures that everyone involved is on the same page, fostering a smoother transition back to work while prioritizing the employee's health and safety. Understanding how to properly complete and utilize the WC-104 is key to maintaining compliance and supporting injured workers in their recovery process.

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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 Specifications

Fact Name Fact Description
Purpose The WC-104 form is used to notify 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.
Submission Timeline Employers must send this form to the employee and their counsel within 60 days of the medical release.
Attachment Requirement The WC-104 must be submitted with an attached medical report when converting benefits from TTD to TPD.
Income Benefits Impact Employees' income benefits will be reduced if they are released to work with restrictions.
Catastrophic Injury Definition The form states that the injury is not considered catastrophic as defined in O.C.G.A. §34-9-200.1(g).
Contact Information For questions, employees can contact the State Board of Workers’ Compensation at 404-656-3818 or 1-800-533-0682.
False Statements Penalty Willfully making false statements for obtaining or denying benefits is a crime, with penalties up to $10,000 per violation (O.C.G.A. §34-9-18 and §34-9-19).

Georgia Wc 104: Usage Guidelines

Completing the Georgia WC-104 form is essential for notifying an employee of their medical release to return to work with restrictions or limitations. After filling out this form, it must be sent to the employee and their legal counsel within 60 days of the physician's release. This ensures compliance with state regulations and helps facilitate the employee's transition back to work.

  1. Obtain the employee's information, including their last name, first name, middle initial, Social Security Number (or Board Tracking Number), and the date of injury.
  2. Fill in the county where the injury occurred.
  3. Provide the insurer or self-insurer's name and address, including city, state, and zip code.
  4. Include the claims office's name, address, city, state, and zip code.
  5. Enter the employer's details, including the SBWC ID number, address, city, state, zip code, and phone number.
  6. List the employee's email address.
  7. In the notice section, confirm that the injury is not catastrophic as defined by state law.
  8. State that the employee is currently receiving income benefits and is not working.
  9. Indicate the date the authorized treating physician released the employee to work with restrictions or limitations.
  10. Detail the specific limitations provided by the physician.
  11. Attach a copy of the physician's report that supports the release and describes the limitations.
  12. Specify the current income benefits amount and the new reduced amount, along with the date the reduction will take effect.
  13. Print the name of the person completing the form, along with the date and their signature.
  14. Provide the contact phone number and extension for follow-up inquiries.
  15. Include the employer or insurer's email address.

After completing these steps, review the form for accuracy. Ensure that all required attachments are included before sending it to the employee and their legal counsel. This will help ensure compliance with the Georgia State Board of Workers' Compensation requirements.

Your Questions, Answered

What is the Georgia WC-104 form?

The Georgia WC-104 form is a notice that employers use to inform employees about their medical release to return to work, but with certain restrictions or limitations. This form is a crucial part of the workers' compensation process in Georgia and ensures that employees are aware of their rights and responsibilities after an injury.

Who is required to send the WC-104 form?

The employer is responsible for sending the WC-104 form to the employee. This notification must include the medical report from the authorized treating physician who has determined that the employee can return to work, albeit with specific restrictions or limitations.

When must the WC-104 form be sent?

The WC-104 form, along with the attached medical report, must be sent to the employee and their legal counsel within 60 days of the physician’s release to return to work. Timely notification is essential to ensure compliance with Georgia's workers' compensation laws.

What information is included in the WC-104 form?

The WC-104 form includes identifying information such as the employee's name, Social Security number, and details about the injury. It also outlines the restrictions or limitations set by the physician and informs the employee about any changes to their income benefits as a result of their return to work.

What happens if an employee does not return to work?

If an employee does not return to work, their income benefits may be reduced based on the restrictions provided by the physician. The form specifies the new benefit amount and the effective date of this change. Employees should be aware of these implications to make informed decisions about their return to work.

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 workers' compensation case, they should contact the State Board of Workers' Compensation. They can reach out at 404-656-3818 or 1-800-533-0682 for assistance. Additionally, more information is available on their website.

What are the consequences of providing false information on the WC-104 form?

Providing false information on the WC-104 form is a serious matter. It is considered a crime and can result in penalties of up to $10,000 per violation. This emphasizes the importance of honesty and accuracy when filling out the form and during the entire workers' compensation process.

Common mistakes

  1. Incomplete Information: Failing to provide all required identifying details can lead to delays. Ensure that the employee's name, Social Security Number, and claim number are fully and accurately filled out.

  2. Missing Attachments: Not including the physician's report is a common oversight. This report is crucial as it details the restrictions or limitations placed on the employee's ability to work.

  3. Incorrect Dates: Entering the wrong date of injury or the date of the medical release can cause confusion. Double-check these dates to ensure they align with the official records.

  4. Failure to Notify: Neglecting to send the form to both the employee and their legal counsel can lead to complications. It is essential to follow the notification requirements outlined in the instructions.

  5. Not Updating Income Benefits: Forgetting to update the income benefits amount can result in incorrect payments. Clearly state the new weekly benefit amount and the effective date of the change.

Documents used along the form

When navigating the workers' compensation process in Georgia, several forms and documents complement the Georgia WC-104 form. Understanding these documents can help streamline communication between employers, employees, and medical professionals.

  • WC-2 Form: This form is used to report an employee's income benefits and any changes to those benefits. It is often filed when converting Temporary Total Disability (TTD) benefits to Temporary Partial Disability (TPD) benefits.
  • WC-240 Form: The WC-240 is a request for a hearing. It is filed when there is a dispute regarding benefits or the employee's ability to return to work.
  • WC-105 Form: This form serves as a notice of a change in the employee’s work status. It informs the employee about the employer's decision regarding their ability to return to work.
  • WC-106 Form: The WC-106 is a notice of claim for medical benefits. It is submitted to request coverage for medical expenses related to the work injury.
  • WC-101 Form: This is the initial report of injury form. Employers use it to notify the State Board of Workers' Compensation about an employee's work-related injury.
  • WC-108 Form: The WC-108 is used to request a change of physician. Employees may file this form if they wish to switch their authorized treating physician for their injury.

Familiarity with these forms can enhance the experience of managing workers' compensation claims in Georgia. Each document plays a vital role in ensuring that both employees and employers adhere to the necessary legal requirements and facilitate a smoother claims process.

Similar forms

The Georgia WC-104 form serves a specific purpose in the workers' compensation process, particularly regarding an employee's return to work with certain restrictions. Several other documents share similar functions or processes within the realm of workers' compensation and employee health management. Below are five documents that are comparable to the WC-104 form, each serving a unique yet related role.

  • WC-2 Form: This form is used to report income benefits and changes in an employee's status. Like the WC-104, it is essential for communicating updates to both the employee and the State Board of Workers' Compensation. The WC-2 is typically filed when transitioning from temporary total disability (TTD) to temporary partial disability (TPD), emphasizing the importance of accurate reporting in the workers' compensation process.
  • WC-101 Form: The WC-101 is a notice of claim for benefits. Similar to the WC-104, it serves as a communication tool between the employer and the employee, informing the employee about their rights and the claims process. It provides essential information regarding the steps an employee must take to secure their benefits, ensuring transparency in the workers' compensation system.
  • WC-105 Form: This form is utilized for notifying an employee about their rights to request a hearing. Like the WC-104, it is crucial for maintaining open lines of communication. The WC-105 ensures that employees are aware of their options should they disagree with decisions made regarding their claims, thereby promoting a fair and informed process.
  • WC-108 Form: The WC-108 is a report of injury that employers must file to document an employee's work-related injury. This form, like the WC-104, is integral to the workers' compensation process, as it establishes the basis for claims and subsequent medical evaluations. Both forms help ensure that employees receive the necessary support and benefits following an injury.
  • WC-200 Form: The WC-200 is a notice of payment of income benefits. Similar to the WC-104, it provides essential information regarding the benefits an employee is entitled to receive. This form helps clarify the financial aspects of the workers' compensation process, ensuring that employees understand their compensation while they recover from their injuries.

Dos and Don'ts

When filling out the Georgia WC-104 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are nine things to do and avoid:

  • Do ensure that all required fields are completed accurately, including employee information and details about the injury.
  • Do attach the physician's report that outlines the restrictions or limitations for the employee.
  • Do send the completed form to both the employee and their legal counsel within the required 60-day timeframe.
  • Do verify that the information regarding income benefits is clearly stated and updated.
  • Do keep a copy of the completed form and any attachments for your records.
  • Don't omit any necessary signatures, as this can delay the process.
  • Don't provide false information, as it may lead to legal penalties.
  • Don't forget to include your contact information in case there are questions about the form.
  • Don't file the form with the Board unless it is attached to a Form WC-2 for converting benefits.

Misconceptions

Understanding the Georgia WC 104 form is crucial for both employees and employers involved in workers' compensation cases. However, several misconceptions often arise regarding this document. Here are five common misunderstandings:

  • The WC 104 form is only for catastrophic injuries. Many believe this form applies solely to catastrophic injuries. In reality, it is used for any injury that allows an employee to return to work with restrictions, regardless of its severity.
  • Employees must return to work immediately after receiving the WC 104 form. Some employees think they are obligated to return to work as soon as they receive this notice. However, the form simply informs them of their medical release with limitations, and they can discuss their options with their employer.
  • The form guarantees that income benefits will be restored once the employee returns to work. It is a common belief that returning to work with restrictions will automatically lead to the restoration of full income benefits. In fact, benefits may be adjusted based on the employee's new work status and the limitations set by their physician.
  • The WC 104 form must be filed with the State Board of Workers' Compensation immediately. Some think this form needs to be submitted directly to the Board upon receipt. Instead, it should only be filed as an attachment to a Form WC-2 when converting benefits from Temporary Total Disability (TTD) to Temporary Partial Disability (TPD).
  • Employers can ignore the 60-day notification period. There is a misconception that employers have flexibility with the timeline for sending the form. However, they are required to notify employees and their counsel within 60 days of the physician's release to work.

By clarifying these misconceptions, both employees and employers can navigate the workers' compensation process more effectively and ensure that rights and responsibilities are understood.

Key takeaways

When dealing with the Georgia WC-104 form, there are several important points to keep in mind:

  • Purpose of the Form: The WC-104 form serves to inform an employee that their physician has authorized them to return to work with specific restrictions or limitations.
  • Timeliness: Employers must send this form, along with the attached medical report, to the employee and their legal counsel within 60 days of the physician's release.
  • Income Benefits: If the employee is released to work with restrictions, their income benefits may be reduced. The form specifies the new benefit amount and the effective date of the change.
  • Documentation: It is essential to attach the physician's report that outlines the restrictions or limitations to the WC-104 form.
  • Filing Requirements: This form should only be filed with the Board when converting benefits from Temporary Total Disability (TTD) to Temporary Partial Disability (TPD) as an attachment to a Form WC-2.
  • False Statements: Providing false information on this form can lead to serious penalties, including fines of up to $10,000 per violation.

Understanding these key aspects will help ensure compliance and facilitate a smoother transition back to work for employees with restrictions.