O.C.G.A. § 34-9-220 (2019)
Period of incapacity preceding payment of compensation
No compensation shall be allowed for the first seven calendar days of incapacity resulting from an injury, including the day of the injury, except the benefits provided for in Code Section 34-9-200; provided, however, that, if an employee is incapacitated for 21 consecutive days following an injury, compensation shall be paid for such first seven calendar days of incapacity.
History
(Ga. L. 1922, p. 185, § 2; Code 1933, § 114-401; Ga. L. 1963, p. 141, § 3; Ga. L. 1990, p. 1409, § 10.)
Annotations
JUDICIAL DECISIONS Date of a gradually-acquired injury should be set at the first time the injury becomes extensive enough either to prevent the claimant from working or to constitute a disability as itemized in the Workers’ Compensation Act (see now O.C.G.A. § 34-9-1 et seq.). Employers Mut. Liab. Ins. Co. v. Shipman, 108 Ga. App. 184, 132 S.E.2d 568 (1963). Burden on employer. - Because an employee used the employee’s vacation, personal, and sick leave time because the employee was unable to work due to a compensable injury, and the employee was unaware that the employee was entitled to workers’ compensation benefits, after determining that the employee was entitled to temporary total disability income benefits, a credit to the employer was denied under O.C.G.A. § 34-9-243(b), as the employer failed to meet its burden of showing that it was entitled to such a credit for employer-funded payments under a disability plan, wage continuation plan, or disability insurance policy, or that the employee was paid the employee’s regular wages pursuant to O.C.G.A.
§ 34-9-220. Glisson v. Rooms To Go, 270 Ga. App. 689, 608 S.E.2d 50 (2004). Evidence supported denial of benefits. - Worker was properly denied workers’ compensation benefits and terminated from employment for failing to return from a leave of absence because evidence supported the findings that the worker recovered from the chemical fume exposure incident based on a family doctor releasing the worker to return to work with no restrictions and that the pneumonia the worker suffered was unrelated to the exposure incident. Royal v. Pulaski State Prison, 324 Ga. App. 275, 750 S.E.2d 179 (2013). Cited in Langston v. Maryland Cas. Co., 43 Ga. App. 854, 160 S.E. 823 (1931); New York Indem. Co. v. Allen, 47 Ga. App. 657, 171 S.E. 191 (1933); New Amsterdam Cas. Co. v. McFarley, 191 Ga. 334, 12 S.E.2d 355 (1940); Pittsburgh Plate Glass Co. v. Bailey, 111 Ga. App. 609, 142 S.E.2d 388 (1965); Harris v. Atlanta Coca-Cola Bottling Co., 128 Ga. App. 193, 196 S.E.2d 159 (1973).
RESEARCH REFERENCES ALR. - Remedy for enforcement of award made under Workmen’s Compensation Act in case of injury to public officer or employee, 10 ALR 190.
Workmen’s compensation: statutory phrase ‘‘incapacity for work’’ or the like, as including inability to obtain work following an injury, 33 ALR 115.