City of Waycross v. Holmes

Thompson, Justice.

At issue is whether an employer can take credit for disability retirement payments when it calculates and pays workers’ compensation benefits. More specifically, we are asked to decide whether OCGA § 34-9-243 (b), which allows credit for a “disability plan,” allows credit for a “disability retirement” plan as well. 1

Holmes, a City employee, was injured and awarded workers’ compensation benefits in September 1996. In May 1997, Holmes was awarded Social Security disability benefits. Two months later, he was awarded disability benefits from the City’s retirement plan.

At a…