Board Rule 220. Computing Days of Disability Preceding Payment of Compensation

(a)  The date of disability is the first day the employee is unable to work a full day.  If, however, the employee is paid in full for the date of injury, the date of disability shall begin the next day following the date of injury.

(1)  The day or days considered lost because of disability to work shall be counted from the first seven calendar days of disability even though the days may not be consecutive.

(2)  Intervening days, which are not scheduled workdays, during disability or preceding a return to work, are days of disability.

(3)  Disability shall end on the day of the return to work.

(b)  Entitlement to benefits for the first seven days of disability, or any part thereof, requires 21 consecutive days of disability.  The employer/insurer shall pay compensation for the first seven days of disability on the 21st consecutive day.

(c)  An injured employee who receives regular wages during disability shall not be entitled to weekly benefits for the same period.

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O.C.G.A. § 34-9-220. 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.

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