State News : Georgia

While not specific to Georgia or workers’ compensation, new USPS postmark rules could create potential problems. Effective December 24, 2025, the United States Postal Service (USPS) made changes to the postmark process, shifting the postmark date from when mail is deposited to when it is first processed at a regional facility. While the postmark date was previously entered at local USPS facilities, the mail must now travel to a regional facility, which may result in a delay of a day or more before being postmarked. Local USPS facility clerks can provide same-day postmarks pursuant to an in-person request, if needed. 

This change may impact deadlines imposed for submissions to the State Board of Workers’ Compensation and other courts, as well as payments to claimants and their attorneys. 

Pursuant to O.C.G.A. § 34-9-100(e), “Any claim, notice, or appeal required by this chapter to be filed with the board shall be deemed filed on the earlier of: (1) The date such claim or notice is actually received by the board; or (2) The official postmark date such claim or notice was mailed to the board, properly addressed with postage prepaid, by registered or certified mail or statutory overnight delivery.” 

Regarding weekly income payments, O.C.G.A. § 34-9-221 (b) provides, “Such weekly payments shall be considered to be paid when due when mailed from within the State of Georgia to the address specified by the employee or to the address of record according to the board. Such weekly payments shall be considered to be paid when due when mailed from outside the State of Georgia no later than three days prior to the due date to the address specified by the employee or the address of record according to the board. Such weekly payments shall be considered to be paid when due at the time they are made by electronic funds transfer to an account specified by the employee.”  Failure to do so results in a 15% late penalty. Similarly, O.C.G.A. § 34-9-15 (b) provides payments pursuant to the terms of settlement must be mailed within 20 days (17 days if from out-of-state) of approval to avoid a 20% late penalty. 

To avoid penalties and fees from late filings and payments, additional time may be needed if mailed via regular USPS. We strongly encourage clients to send time-sensitive items via certified mail (if USPS), FedEx, or UPS. Additionally, mailing items well before any deadline will help avoid issues.   

In other news, the Georgia legislature will consider increases in the maximum weekly temporary total disability (TTD) rate to $875.00  and maximum temporary partial disability (TPD) rate to $583.00. This would create a $75.00 increase from the current maximum TTD rate of $800.00 and a $50.00 increase in the current maximum TPD rate of $533.00,  both in place since July 1, 2023. If passed, the rate increases would likely go into effect for dates of accident occurring on and after July 1, 2026. No other significant legislative changes are expected in 2026. Please check back here for updates. 

The Legislature made no statutory changes to the Workers’ Compensation Act in 2025.  Georgia’s maximum TTD rate remains at $800.00 and maximum TPD rate at $533.00. Additionally, the Georgia Court of Appeals and Supreme Court continue the trend of accepting very few workers’ compensation appeals. Most recently, in McKay v. Inalfa Roof Systems, Inc., 374 Ga. App. 526 (2025), the Court of Appeals addressed the longstanding Rycroft defense. Under Rycroft, an employee’s misrepresentation as to a pre-existing condition will bar benefits if: (a) the employee knowingly and willfully made a false representation as to his/her physical condition; (b) the employer relied upon the false representation as a substantial factor in the hiring process; and (c) there is a causal connection between the false representation and the injury. In McKay, the employee failed to disclose his history of back surgery in a post-offer medical questionnaire. He injured his back at work and disclosed his history after this first accident. The employee continued to work after the disclosure and suffered a second accident involving his back months later. The Court of Appeals confirmed Rycroft applied to bar his first accident. However, the Court of Appeals found the Employer waived its right to assert Rycroft in retaining the claimant after his disclosure thus rendering the second accident compensable. McKay raises the bar for Employers and mandates action to preserve Rycroft once a disclosure is made. 

    The Georgia Legislative Session had no major changes to report for our system in this session.  This should generally be received as great news, considering the trend in recent years to annual increases in our TTD and TPD caps. 

    Although not directly related to Workers’ Compensation HB 451 presents a non WC and private insurance solution to PTSD benefits for first responders, and EMT’s.  This topic has been discussed for the last two sessions and originally was being proposed as an amendment to our WC code but sure and steady work by the Board has this issue positioned to fall into a non-WC coverage insurance program.  To continue with a theme of advancing protections for first -responders, SB 371 would provide additional compensation out of the State Indemnification Fund for public safety/first responders as a gap between workers' compensation benefits and their current wage income. 

    Beyond both of those matters which were near misses from a WC perspective, it remains business as usual with no significant changes to report!