Can A Referred Surgeon Put You Out Of Work—Or Return You To Full Duty—In A Georgia Workers’ Compensation Claim?

If you’ve been injured on the job in Georgia and your authorized treating physician (ATP) has referred you to a specialist or surgeon, you may wonder: Can that surgeon decide I’m out of work? Or can they release me back to full duty and stop my income benefits?

The short answer is no. Under Georgia workers’ compensation law, only your primary authorized treating physician (ATP) has the authority to control your work status for purposes of your indemnity (lost-wage) benefits. A referred surgeon or specialist can provide valuable medical opinions and treatment recommendations, but they cannot unilaterally “put you out of work” or trigger a suspension of your benefits.

This important distinction protects injured workers and maintains the structure of Georgia’s workers’ comp system. Here’s what every injured employee—and their employer—needs to know.

The Role Of The Authorized Treating Physician (ATP)

Georgia law designates one doctor as your primary authorized treating physician (ATP). This is usually the doctor you first select from the employer’s posted panel of physicians (or the one the employer directs you to see).

• Under O.C.G.A. § 34-9-201(b)(1) and State Board of Workers’ Compensation Rule 201, the ATP acts as the “gatekeeper” for your medical care.
• The ATP can refer you to specialists (such as orthopedic surgeons, neurosurgeons, or pain management doctors) without needing prior approval from the Board.
• However, those referred specialists cannot make further referrals or step into the role of the ATP.

Crucially, decisions that affect your income benefits—such as whether you are temporarily totally disabled (TTD), placed on light duty, or released to full duty—must come from the ATP. Board Rules 221 (suspension of benefits based on a full-duty release) and 104 (conversion from TTD to temporary partial disability) specifically require documentation from “the authorized treating physician.”

Why Referred Physicians Don’t Have The Same Authority

A referred surgeon may write post-operative instructions, recommend that you stay off work during recovery, or even issue a note saying you can return to full duty. While these notes are helpful for your medical treatment, they are not sufficient on their own to allow the insurance company or employer to stop or reduce your weekly benefits without a Board order.

This protects the integrity of the system: the ATP is the doctor with the overall picture of your injury, treatment plan, and recovery. Referral doctors focus on their specialty; the ATP coordinates your entire care.

Key Case: City of Atlanta v. Sebastian (2023)

The Georgia Court of Appeals made this crystal clear in City of Atlanta v. Sebastian, decided on July 27, 2023 (Case No. A23A1185).

Justin Sebastian, a City of Atlanta police officer, suffered a compensable work injury. His primary ATP referred him to a specialist. That referred specialist issued a full-duty work release. Relying on the specialist’s note, the City unilaterally suspended Sebastian’s income benefits, claiming the release came from “the authorized treating physician.”

Sebastian filed a motion to recommence his benefits. The Administrative Law Judge (ALJ), the Appellate Division of the State Board of Workers’ Compensation, and the Georgia Court of Appeals all agreed: the suspension was improper.

The Court held that:

• Only a full-duty release from the primary authorized treating physician (ATP) allows an employer/insurer to unilaterally suspend benefits under Board Rule 221.
• References throughout the Workers’ Compensation Act and Board Rules to “the authorized treating physician” mean the primary ATP—not a referral doctor or “an” authorized provider.
• Because the City acted solely on the referral physician’s release, Sebastian’s benefits had to be reinstated, and the City was ordered to pay his attorney fees.

This decision is a significant win for injured workers. It confirms that employers and insurers cannot “shop” for a favorable work release from a specialist to cut off benefits early. The final say on work status rests with the ATP.

What This Means for You

• If a referred surgeon tells you to stay out of work: Get that information to your ATP. The ATP must review and endorse it (or issue their own work-status note) for it to control your benefits.
• If a referred surgeon releases you to full duty: The insurance company cannot automatically stop your checks based on that note alone. They still need the ATP’s approval or a Board order.
• Practical tip: Always make sure your ATP is kept in the loop on every specialist visit. Request that the ATP issue official work-status forms after reviewing the specialist’s recommendations.

This rule prevents confusion and ensures that the doctor who oversees your entire recovery—not just one procedure—makes the call on your ability to work.

Protect Your Rights—Contact An Experienced Georgia Workers’ Compensation Attorney

Workers’ compensation claims involve complex rules about medical authorization, work status, and benefit suspensions. A single incorrect note from a referred doctor can lead to delayed or denied benefits if you don’t know your rights.

At the George C. Creal, Jr. P.C., we fight for injured workers throughout Georgia. We help clients understand the roles of the ATP and referral physicians, challenge improper benefit suspensions, and secure the medical care and income benefits they deserve.

If your workers’ comp claim involves questions about work releases, referrals, or a dispute with the insurance company, don’t go it alone.

Call Georgia Workers’ Compensation Lawyer George Creal today at (770) 961-5511 or visit www.georgialawyer.com for a free consultation. We have offices conveniently located to serve clients across Metro Atlanta and the state.

This blog post is for educational purposes only and does not constitute legal advice. Every case is unique—consult an attorney about your specific situation.