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aggravation of a pre-existing condition continues to be the cause of the
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disability.” If a pre-existing condition is identified in your case, the
insurance company will work hard to find a doctor to opine that your
condition has returned to “baseline” and attempt to suspend your
benefits. It is important to have an experienced workers’ compensation
attorney who can be your advocate and prevent a wrongful suspension
of benefits based on the insurance adjuster’s opinion that you no
longer suffer from the work accident.
Chapter 2: What Benefits are Available Under Workers’
Compensation?
§2.1 Overview of Benefits
Workers’ compensation laws in Georgia specify the benefits
(both services and monetary) that are available to an injured worker.
Unfortunately, you are not entitled to “pain and suffering” in a workers’
compensation case. Also, an administrative law judge determines your
eligibility for benefits and the amount thereof, as opposed to a jury. In a
typical workers’ compensation claim, you are entitled to three main
benefits: medical benefits; wage loss benefits, which are called
temporary total disability benefits (TTD) or temporary partial disability
benefits (TPD); and permanent partial disability benefits (PPD). While
settlement of workers’ compensation claims is completely voluntary,
many people choose to settle their claims after reaching maximum
medical improvement.
16 O.C.G.A. § 34-9-1(4).
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