GA Code § 34-9-262 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 7 - Compensation Schedules|§ 34-9-262. Compensation for Temporary Partial Disability

 Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter but not more than $450.00 per week for a period not exceeding 350 weeks from the date of injury.   (Ga. L. 1920, p. 167, § 31; Code 1933, § 114-405; Ga. L. 1949, p. 1357, § 2; Ga. L. 1955, p. 210, § 2; Ga. L. 1963, p. 141, § 6; Ga. L. 1968, p. 3, § 2; Ga. L. 1973, p. 232, § 4; Ga. L. 1974, p. 1143, § 4; Ga. L. 1975, p. 190, § 2; Ga. L. 1978, p. 2220, § 4; Ga. L. 1985, p. 727, § 9; Ga. L. 1990, p. 1409, § 15; Ga. L. 1992, p. 1942, § 22; Ga. L. 1994, p. 887, § 15; Ga. L. 1997, p. 1367, § 9; Ga. L. 1999, p. 817, § 8; Ga. L. 2000, p. 1321, § 6; Ga. L. 2001, p. 748, § 7; Ga. L. 2003, p. 364, § 7; Ga. L. 2005, p. 1210, § 8/HB 327; Ga. L. 2007, p. 616, § 7/HB 424; Ga. L. 2013, p. 651, § 6/HB 154; Ga. L. 2015, p. 1079, § 4/HB 412; Ga. L. 2016, p. 287, § 4/HB 818; Ga. L. 2019, p. 798, § 5/SB 135.)    The 2015 amendment,  effective July 1, 2015, substituted "$367.00" for "$350.00" near the end of this Code section.    The 2016 amendment,  effective July 1, 2016, substituted "$383.00" for "$367.00" near the end of this Code section.    The 2019 amendment,  effective July 1, 2019, substituted "$450.00" for "$383.00" near the end of this Code section.   Law reviews.   - For article surveying Georgia cases in the area of workers' compensation from June 1979 through May 1980, see 32 Mercer L. Rev. 261 (1980). For article, "Workers' Compensation," see 53 Mercer L. Rev. 521 (2001). For survey article on workers' compensation law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003). For annual survey of law of worker's compensation, see 56 Mercer L. Rev. 479 (2004). For annual survey of workers' compensation law, see 57 Mercer L. Rev. 419 (2005). For survey article on workers' compensation law, see 59 Mercer L. Rev. 463 (2007). For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 185 (2013). For annual survey on worker's compensation, see 71 Mercer L. Rev. 345 (2019). For note on the 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 285 (1992).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Scope of Section   Definitions   Incapacity for Work   Permanency   Impairment of Earning Capacity    OPINIONS OF THE ATTORNEY GENERAL   Injured employee receiving additional benefits not ineligible for total incapacity rating.    - The fact that an injured employee was receiving additional benefits would not make the employee ineligible for a total incapacity rating under former Code 1933, § 114-404 (see now O.C.G.A. § 34-9-261), and switch the employee to eligibility for partial disability under former Code 1933, § 114-405 (see now O.C.G.A. § 34-9-262), since partial incapacity was determined by the difference between the wages which an employee earns before injury and which the employee was able to earn thereafter. 1971 Op. Att'y Gen. No. 71-136.   RESEARCH REFERENCES   ALR.    - Right to take rise or fall in wages since date of accident into account in fixing workman's compensation, 2 A.L.R. 1642; 92 A.L.R. 1188.    Workmen's compensation: right of employer or insurance carrier to discontinue, without an order or ruling in that regard, payments provided for by agreement, 129 A.L.R. 418.   Compensability of specially equipped van or vehicle under workers' compensation statutes, 63 A.L.R.5th 163.