Conyers, GA asked in Civil Litigation, Employment Law and Workers' Compensation for Georgia

Q: WC (GA) adjuster offered settlement but want resignation? If not must rtw. Does this mean no settlement?

I’ve been with the co for over 20 years, and file WC for CTD in 2017. I was working teleport @ my GA residence on DOI. Employer didn’t have a tin in GA therefore I paid NY taxes. On DOI H/R stated I must file GA WC, opposed to NY...Note, state tax/address info was changed to GA by employer (HR) 2 wks after injury. Since then had CTD surgery. WC recently offered settlement but would like a letter of resignation if settlement is accepted. I declined the offer now being told if I do not accept the offered amount, perhaps they’ll have me return to work. I’m confused because I’ve previously inquired a plethora of times to return to work, but was told couldn’t happen under the GA WC law. I’d have to settle and resign. Can I just decline and rtw ? If so will I not receive any award for having to undergo surgery ?

Shouldn’t I have had the right to file NY WC opposed to GA. I was advised if NY comp would have settled and rtw. I’m also an unionized (NY) employee.

1 Lawyer Answer
Michael Richard Moebes
Michael Richard Moebes
  • Workers' Compensation Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I'm a bit confused, as there are several questions here, but they're allowed (and almost always do this) to ask you to resign if you settle the case. If you don't, yes, they can create a light duty job for you to do so you can return there to work and stop getting weekly checks from workers' comp.

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