Georgia PPD Statute: Full Text of O.C.G.A. § 34-9-263

2024 Code of Georgia - Title 34, Chapter 9, Article 7, Section 34-9-263

Official Citation

Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) Chapter 9 - WORKERS’ COMPENSATION (§§ 34-9-1 — 34-9-432) Article 7 - COMPENSATION SCHEDULES (§§ 34-9-260 — 34-9-266) Section 34-9-263 - Compensation for permanent partial disability

Universal Citation: GA Code § 34-9-263 (2024)

Full Text of the Statute

(a) Definition

As used in this chapter, “permanent partial disability” means disability partial in character but permanent in quality resulting from loss or loss of use of body members or from the partial loss of use of the employee’s body.

(b) Payment of Benefits

(1) In cases of permanent partial disability, the employer shall pay weekly income benefits to the employee according to the schedule included within this Code section. These benefits shall be payable without regard to whether the employee has suffered economic loss as a result of the injury, except as herein provided.

(2) Income benefits due under this Code section shall not become payable so long as the employee is entitled to benefits under Code Section 34-9-261 or 34-9-262.

(3) If any employee is receiving benefits under this Code section and experiences a change in condition qualifying the employee for income benefits under Code Section 34-9-261 or 34-9-262, any payments under this Code section shall cease until further change of the employee’s condition occurs.

(c) Schedule of Income Benefits

Subject to the maximum and minimum limitations on weekly income benefits specified in Code Section 34-9-261, the employer shall pay weekly income benefits equal to two-thirds of the employee’s average weekly wage for the number of weeks determined by the percentage of bodily loss or loss of use times the maximum weeks as follows:

(d) Impairment Ratings

In all cases arising under this chapter, any percentage of disability or bodily loss ratings shall be based upon Guides to the Evaluation of Permanent Impairment, fifth edition, published by the American Medical Association.

(e) Loss of More Than One Major Member

Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision in both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 34-9-261.

How This Statute Works in Practice

Basic Calculation Formula

The statute establishes a simple formula for calculating PPD benefits:

Weeks of Benefits = (Impairment Rating %) × (Maximum Weeks for Body Part)

Weekly Benefit = 2/3 × Average Weekly Wage (capped at maximum rate)

Total PPD Benefit = Weekly Benefit × Weeks of Benefits

Example Calculation

Let’s say you have:

• 15% permanent impairment to your arm
• Average weekly wage of $800
• Current maximum comp rate: $800

Step 1: Calculate weeks of benefits 15% × 225 weeks (arm) = 33.75 weeks

Step 2: Calculate weekly benefit 2/3 × $800 = $533.33 (this is your weekly payment)

Step 3: Calculate total benefit $533.33 × 33.75 weeks = $17,999.89 total

Key Provisions Explained

When PPD Benefits Start

According to subsection (b)(2), PPD benefits don’t begin until:

• You finish receiving temporary total disability (TTD) benefits, OR
• You finish receiving temporary partial disability (TPD) benefits

This means PPD is paid after you reach maximum medical improvement (MMI) and your temporary benefits end.

When PPD Benefits Stop

Per subsection (b)(3), if your condition worsens and you qualify for temporary benefits again:

• Your PPD payments pause
• You start receiving TTD or TPD instead
• PPD can resume later if your condition stabilizes again

Multiple Body Parts

If you have permanent impairment to multiple body parts from the same injury, Georgia law typically converts these to a “body as a whole” rating, which is capped at 300 weeks maximum.

Presumption of Total Disability

Subsection (e) creates a presumption that losing multiple major body parts equals permanent total disability:

• Both arms
• Both legs
• Both hands
• Both feet
• Any two or more of the above
• Total loss of vision in both eyes

This is a rebuttable presumption, meaning the insurance company can try to prove you’re not totally disabled, but they have the burden of proof.

Related Statutes

This statute works together with other provisions of Georgia’s Workers’ Compensation Act:

• O.C.G.A. § 34-9-261 - Temporary Total Disability (TTD) and Permanent Total Disability (PTD)
• O.C.G.A. § 34-9-262 - Temporary Partial Disability (TPD)
• O.C.G.A. § 34-9-260 - Death benefits
• O.C.G.A. § 34-9-264 - Maximum and minimum compensation rates

Understanding Impairment Ratings

AMA Guides 5th Edition

Georgia requires all impairment ratings to follow the AMA Guides, 5th Edition. This comprehensive manual:

• Provides standardized methods for evaluating permanent impairment
• Covers all body systems (musculoskeletal, nervous, cardiovascular, etc.)
• Uses specific criteria and measurements
• Ensures consistency across different doctors and cases

Who Performs the Rating

Your impairment rating must be performed by:

• An authorized treating physician
• A doctor on your employer’s panel of physicians
• Or, if no valid panel exists, your choice of doctor

The rating is typically given at maximum medical improvement (MMI), when your condition has stabilized and further improvement is not expected.

Questions About Georgia’s PPD Statute?

Understanding statutory language can be challenging. At Bourne Law Firm, we help injured workers navigate Georgia’s workers’ compensation laws every day.

Call us at (770) 886-3030 for a free consultation about your permanent partial disability benefits.

Related Articles

• Permanent Impairment Guide - Complete guide to PPD benefits
• How Workers’ Compensation Works in Georgia - Overview of the system
• Maximum Medical Improvement (MMI) - When you reach MMI and get rated
• Challenging Impairment Ratings - Disputing unfair ratings
• Workers’ Comp Hearings - The hearing process for disputes