Stay Informed: Latest Updates to State Board Forms
Anyone with experience in handling Georgia workers’ compensation claims knows the State Board forms drive workers’ compensation claims. Thus, understanding the proper use and filing of these claim documents is imperative. To assist employers and insurers in doing so, this article outlines the three latest updates to State Board forms effective July 1, 2025, and the impact these changes may have on handling current and future claims.
Update to WC-2a Notice of Payment/Suspension of Death Benefits
The WC-2a, which is used when initiating, modifying, controverting or suspending death benefits, was updated to match the electronic version of the form available on ICMS. This change ensures consistency between the paper and online forms.
Additional changes to this form pertain to “no-dependency” death cases. Under the “Outline of Benefits” section on page two of the form, there is now a reference to the relevant subsection of Georgia’s statute on death benefits, O.C.G.A. § 34-9-265(f), reminding employers and insurers of their obligations in “no dependency” death claims, i.e., death claims where the deceased claimant has no dependents who are entitled to benefits under the Georgia Workers’ Compensation Act.
Under subsection (f), insurers and self-insurers in no-dependency death cases must pay the State Board an amount equal to “one-half of the benefits which would have been payable to such dependent or dependents or the sum of $10,000.00, whichever is less.” O.C.G.A. § 34-9-265(f). Of course, should an insurer or self-insurer pay this amount to the Board and it turns out that there are qualifying dependents after all, the Board will then issue a refund.
Accordingly, there is now a “NO DEPENDENTS” box included at the top of this form next to the preliminary boxes indicating commencement or suspension of death benefits. Checking this new box when filing a WC-2a in a no-dependency death claim will notify all parties and the State Board the employer/insurer’s position vis-à-vis O.C.G.A. § 34-9-265(f).
Update to WC-200a Change of Physician/Additional Treatment by Consent
Filing a WC-200a memorializes mutual consent between the claimant and the employer/insurer regarding either a change in the treating physician in the claim or agreement on the authorization of additional medical treatment. Now more than ever, clearly establishing the authorized treating physician (ATP) in a case is critical, as is doing so as early as possible. This form’s update helps make this designation more clear. Now, under Section C/Agreement, specifically subsection (2), the word “remain” was changed to the word “be.” The amended section of (C)(2) now reads: “The primary treating physician will be Dr. _________.”
Going forward, this change will hopefully result in less confusion and disagreement between parties regarding the identity of the actual ATP, especially in claims with multiple treating doctors or claimants who decide to exercise their right to a one-time change in physicians.
Why is establishing/clearly identifying the ATP in a claim so important? For starters, the primary treating provider chosen by the claimant controls the claimant’s medical care and directs treatment with regard to referrals. See O.C.G.A. § 34-9-201(c).
Equally important, the ATP’s opinion is also critical to establishing the claimant’s work status and entitlement to disability benefits. Although other referral providers or specialists are often involved in a claimant’s overall medical treatment and provide opinions related to work restrictions, the opinion of the ATP is particularly crucial with regard to the unilateral suspension of income benefits. In City of Atlanta v. Sebastian, the Georgia Court of Appeals found the employer/insurer can only rely on the unrestricted full duty release of the ATP, as opposed to a referral or consulting physician, to unilaterally suspend income benefits after 10 days’ notice. For this reason, ensuring the appropriate physician is designated as the ATP, which is most easily documented using a WC-200a form, should be analyzed at the outset of the claim and re-evaluated throughout a claim.
Update to WC-207 Authorization and Consent to Release Medical Information
The WC-207 is another important document which allows employers/insurers to request a claimant’s medical records. This standard form now includes the following reproductive health language: “This release is not seeking and does not authorize the disclosure of protected health information relating to reproductive health as prohibited by the HIPAA Privacy Rule at 45CFR 164.502(a)(5)(iii). Any such disclosure would require a separate release.”
Of all three amendments, this change may have the biggest practical impact as it could improve the turnaround between an employer /insurer’s requests for medical records and the actual receipt of the requested information. Recently, more medical facilities started requesting specific releases regarding reproductive health. With the update to the WC-207 form, which clarifies reproductive health information is not part of the request, delays in securing medical records should decrease, at least theoretically. This change will also preserve a claimant’s privacy to reproductive health records by preventing the automatic disclosure of such information as part of a request for a claimant’s medical records. If a claimant’s reproductive health is relevant to the pending workers’ compensation claim, employers/ insurers should send a separate, specific release pertaining to such information instead of using the WC-207 as a catch-all.
Attorney Contact Info
Natalie Salvatore
natalie.salvatore@swiftcurrie.com
404.888.6234
