Title 34, Chapter 9, Section 221
(a) Income benefits shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability is controverted by the employer. Where the claimant's address of record is in Georgia, payment shall be made by electronic funds transfer upon agreement of the parties, in cash, or by negotiable instrument drawn on a Georgia depository, except where an application for exception is made to the State Board of Workers' Compensation and the applicant demonstrates that reasonable methods of payment exist that will assure the timely receipt of payment of compensation benefits to the claimant. All applicants must meet the permitting requirements of subsection (b) of Code Section 34-9-131 or of Code Section 34-9-127.
(b) The first payment of income benefits shall become due on the
twenty-first day after the employer has knowledge of the injury or
death, on which day all income benefits then due shall be paid.
Thereafter, income benefits shall be due and payable in weekly
installments; provided, however, that the board may, in its
discretion, authorize payments to be made in different installments
if it determines that this would be beneficial to all parties
concerned. Such weekly payments shall be considered to be paid when
due when mailed from within the State of Georgia to the address
specified by the employee or to the address of record according to
the board. Such weekly payments shall be considered to be paid when
due when mailed from outside the State of Georgia no later than
three days prior to the due date to the address specified by the
employee or the address of record according to the board. Such
weekly payments shall be considered to be paid when due at the time
they are made by electronic funds transfer to an account specified
by the employee.
(c) Upon making the first payment and upon suspension of payment for
any cause, the employer shall immediately notify the board and the
employee, in accordance with forms prescribed by the board, that
payment of income benefits has begun or has been suspended, as the
case may be.
(d) If the employer controverts the right to compensation, it shall
file with the board, on or before the twenty-first day after
knowledge of the alleged injury or death, a notice in accordance
with the form prescribed by the board, stating that the right of
compensation is controverted and stating the name of the claimant,
the name of the employer, the date of the alleged injury or death,
and the ground upon which the right to compensation is controverted.
(e) If any income benefits payable without an award are not paid
when due, there shall be added to the accrued income benefits an
amount equal to 15 percent thereof, which shall be paid at the same
time as, but in addition to, the accrued income benefits unless
notice is filed under subsection (d) of this Code section or unless
this nonpayment is excused by the board after a showing by the
employer that owing to conditions beyond control of the employer the
income benefits could not be paid within the period prescribed.
(f) If income benefits payable under the terms of an award are not
paid within 20 days after becoming due, there shall be added to the
accrued income benefits an amount equal to 20 percent thereof, which
shall be paid at the same time as, but in addition to, the accrued
benefits unless review of the award is granted by the board.
(g) Within 30 days after final payment of compensation, the employer
shall send to the board a notice in accordance with the form
prescribed by the board, stating that final payment has been made
and stating the total amount of compensation paid, the name of the
employee and any other person to whom compensation has been paid,
the date of the injury or death, and the date to which income
benefits have been paid.
(h) Where compensation is being paid without an award, the right to
compensation shall not be controverted except upon the grounds of
change in condition or newly discovered evidence unless notice to
controvert is filed with the board within 60 days of the due date of
first payment of compensation.
(i) Where compensation is being paid with or without an award and an
employer or insurer elects to controvert on the grounds of a change
in condition or newly discovered evidence, the employer shall, not
later than ten days prior to the due date of the first omitted
payment of income benefits, file with the board and the employee or
beneficiary a notice to controvert the claim in the manner
prescribed by the board.
(j) The board or any administrative law judge shall issue such
orders as may be necessary to enforce the penalty provisions of this