If a Macon claimant’s benefits are targeted for suspension pending a fraud inquiry, the claimant retains significant procedural protections, because an employer or insurer cannot simply stop paying on suspicion alone. Under O.C.G.A. § 34-9-221 and the Board’s procedures, suspension of income benefits follows defined steps, and self-help termination is not permitted.
The protections include:
- Suspension generally requires filing the proper Board form, with a Notice of Payment or Suspension used to stop benefits and a Notice to Controvert used to deny liability on newly discovered evidence
- Advance notice, typically ten days, must be given before benefits are suspended on the ground of a change in condition, unless the worker has actually returned to work
- After benefits have been paid for more than sixty days, they may be suspended only on the ground of a change in condition or newly discovered evidence
- The claimant has the right to request a hearing before an Administrative Law Judge to contest the suspension and present evidence
A suspicion of fraud does not override these steps. Fraud is treated seriously, and willfully false statements made to obtain benefits carry criminal penalties, but the allegation must be pursued through the proper process rather than through a unilateral cutoff. An employer that stops payments without following the required procedure can be ordered to continue benefits through the hearing and may face assessed attorney’s fees for unreasonable noncompliance. Fraud must still be proven through the Board, and a payment stopped ahead of that process can be reinstated and can carry a fee award against the insurer.