Jorge F. Lamarv.Delta Air Lines, Inc. et al.
Delta reduced Jorge Lamar’s workers’ compensation income benefits after a back injury, relying on a doctor’s instruction that he not lift more than 15 pounds. Georgia law permits a unilateral reduction after an employee is medically released to work with restrictions and the required notice is given. The Court of Appeals held that repeating a lifting restriction did not itself release Lamar to light-duty work: the medical reports did not explain his job duties or what work he could perform. The Board and superior court therefore erred in treating the restriction as enough to convert his temporary total disability benefits to partial benefits. The court reversed and sent the case back for an award consistent with its ruling and consideration of attorney fees. The decision distinguishes a treatment limitation from an actual return-to-work release.
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