Compliance with other state or federal laws

Nothing in this chapter shall be construed to relieve any business entity or employing unit which is subject to any of the provisions of this chapter from the responsibility of said business entity or employing unit to comply with any other provision of state or federal law, including, but not specifically limited to, the federal Occupational Safety and Health Act or with any county or municipal law, rule, or ordinance which is not in direct conflict with any provision of this chapter. (Code 1981, § 34-10-6, enacted by Ga. L. 1994, p. 1152, § 5.) Editor’s notes. — Ga. L. 1994, p. 1152, § 7, not codified by the General Assembly, provides that the Act shall be repealed in its entirety July 1, 1997, if funds have not been specifically appropriated for purposes of the Act on or before such date. Ga. L. 1997, p. 888, § 3, not codified by the General Assembly, amends Ga. L. 1994, p. 1152, § 7 to provide that Ga. L. 1994, p. 1152 shall be repealed in its entirety July 1, 2000, if funds have not been specifically appropriated for purposes of that Act on or before such date. Ga. L. 1994, p. 1152 was funded at the 2000 regular session. 983 T.34, C.11 LABOR AND INDUSTRIAL RELATIONS 34-11-22 CHAPTER 11 RESERVED Editor’s notes. — Ga. L. 2012, p. 1144, §§ 2, 5/SB 446, effective May 2, 2012, redesignated the former provisions of this chapter, relating to regulation of boilers and pressure vessels, as Article 2 of Chapter 15 of Title 25, and reserved the former chapter designation. 34-11-1 through 34-11-22. Editor’s notes. — Ga. L. 2012, p. 1144, § 2/SB 446, effective May 2, 2012, redesignated former Code Sections 34-11-1 through 34-11-17 as present Code Sections 25-15-10 through 25-15-27, respectively; repealed Code Section 34-11-18; redesignated former Code Sections 34-11-19 through 34-11-21 as present Code Sections 25-15-28 through 25-15-30, respectively; and repealed Code Section 34-11-22. Former Code Section 34-11-18, relating to bonding of chief and deputy inspectors, was based on Code 1981, § 34-11-18, enacted by Ga. L. 1984, p. 1227, § 1. Former Code Section 34-11-22, relating to severability of provisions, was based on Code 1981, § 34-11-22, enacted by Ga. L. 1987, p. 1349, § 10. 984 T.34, C.12 RESERVED 34-12-21 CHAPTER 12 RESERVED Editor’s notes. — Ga. L. 2012, p. 1144, §§ 3, 5/SB 446, effective May 2, 2012, redesignated the former provisions of this chapter, relating to amusement ride safety, as Article 3 of Chapter 15 of Title 25, and reserved the former chapter designation. 34-12-1 through 34-12-21. Editor’s notes. — Ga. L. 2012, p. 1144, § 3/SB 446, effective May 2, 2012, redesignated former Code Sections 34-12-1 through 34-12-3 as present Code Sections 25-15-50 through 25-15-52, respectively; repealed Code Section 34-12-4; and redesignated former Code Sections 34-12-5 through 34-12-21 as present Code Sections 25-15-53 through 25-15-69, respectively. Former Code Section 34-12-4, relating to powers of board, was based on Code 1981, § 34-12-4, enacted by Ga. L. 1985, p. 1453, § 1. 985 T.34, C.13 LABOR AND INDUSTRIAL RELATIONS 34-13-23 CHAPTER 13 RESERVED Editor’s notes. — Ga. L. 2012, p. 1144, §§ 4, 5/SB 446, effective May 2, 2012, redesignated the former provisions of this chapter, relating to carnival ride safety, as Article 4 of Chapter 15 of Title 25, and reserved the former chapter designation. 34-13-1 through 34-13-23. Editor’s notes. — Ga. L. 2012, p. 1144, § 4/SB 446, effective May 2, 2012, redesignated former Code Sections 34-13-1 through 34-13-3 as present Code Sections 25-15-80 through 25-15-82, respectively; repealed Code Section 34-13-4; and redesignated former Code Sections 34-13-5 through 34-13-23 as present Code Sec- tions 25-15-83 through 25-15-101, respectively. Former Code Section 34-13-4, relating to powers of advisory board, was based on Code 1981, § 34-13-4, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1990, p. 1945, § 1. 986 T.34, C.14 GEORGIA WORKFORCE INVESTMENT BOARD 34-14-28 CHAPTER 14 GEORGIA WORKFORCE INVESTMENT BOARD Sec. 34-14-1 through 34-14-28. [Repealed]. Editor’s notes. — Ga. L. 2010, p. 84, § 1, effective May 20, 2010, repealed the Code sections formerly codified at this chapter and enacted the current chapter. The former chapter consisted of Code Sec- tions 34-14-1 and 34-14-2, relating to the Governor’s Employment and Training Council, and was based on Ga. L. 1989, p. 443, § 5. 34-14-1 through 34-14-28. Reserved. Repealed by Ga. L. 2015, p. 1084, § 1/HB 348, effective July 1, 2015. Editor’s notes. — This chapter consisted of Code Sections 34-14-1 through 34-14-8 (Article 1) and 34-14-20 through 34-14-28 (Article 2), relating to the Georgia Workforce Investment Board, and was based on Ga. L. 2010, p. 84, § 1/HB 1195; Ga. L. 2011, p. 382, § 3/HB 500; Ga. L. 2011, p. 635, § 10/HB 186; Ga. L. 2012, p. 754, § 1/HB 897; Ga. L. 2012, p. 775, § 34/HB 942; Ga. L. 2013, p. 573, §§ 1, 2/HB 393; Ga. L. 2014, p. 866, § 34/SB 340. For present comparable provisions, see Code Section 50-7-90 et seq. Former Code Section 34-14-4 pertained to utilization of the Governor’s discretionary funds. The former Code section was based on Code 1981, § 34-14-4, enacted by Ga. L. 2010, p. 84, § 1/HB 1195, and was repealed by Ga. L. 2012, p. 754, § 1/HB 897, effective July 1, 2012. Former Code Section 34-14-5 pertained to the Georgia Work Ready Program. The former Code section was based on Code 1981, § 34-14-5, enacted by Ga. L. 2011, p. 382, § 4/HB 500, and was repealed by Ga. L. 2012, p. 754, § 1/HB 897, effective July 1, 2012. 987 T.34, C.15 LABOR AND INDUSTRIAL RELATIONS 34-15-42 CHAPTER 15 RESERVED Editor’s notes. — Ga. L. 2012, p. 303, §§ 1, 2/HB 1146, effective July 1, 2012, redesignated the former provisions of this chapter, relating to the transfer of the Division of Rehabilitation Services to the Department of Labor, as Chapter 9 of Title 49, and reserved the former chapter designation. ARTICLE 1 GENERAL PROVISIONS 34-15-1 through 34-15-20. Redesignated. Editor’s notes. — Ga. L. 2012, p. 303, § 1/HB 1146, effective July 1, 2012, redesignated former Code Sections 34-15-1 through 34-15-20 as present Code Sections 49-9-1, 49-9-4, 49-9-3 and 49-9-5 through 49-9-21, respectively. ARTICLE 2 VENDING FACILITIES ON STATE PROPERTY 34-15-40 through 34-15-42. Redesignated. Editor’s notes. — Ga. L. 2012, p. 303, § 1/HB 1146, effective July 1, 2012, redesignated former Code Sections 34-15-40 through 34-15-42 as present Code Sections 49-9-40 through 49-9-42, respectively. 988 APPENDIX RULES AND REGULATIONS OF THE STATE BOARD OF WORKERS’ COMPENSATION Rule 2. Procedure to Elect Coverage, Reject Coverage or Revoke Exemption. 12. Publication of Board Decisions. 13. Termination of Dependency. 15. Stipulated Settlements. 24. Procedure for Enforcement Division to Request a Hearing. 40. Offices and Addresses of the Board; Sessions. 48. Reserved. 60. Adoption and Amendment of Rules of the Board; Assignment of Identification Numbers for Claimants; Form of Documents Submitted to Board; Enforcement Powers. 61. Publication of Notice of Operation Under the Act; Forms. 62. Electronic Date Interchange (EDI). 63. Proration of Board’s Expenses. 81.1. Bill of Rights. 82. Statute of Limitation and Procedure for Filing Claims. 84. [Payment of loans or assignments to third party creditors.] 100. Alternative Dispute Resolution (ADR) Division. 102. Attorneys Entitled to Practice Before the Board; Reporting Requirements; Postponements, Leave of Absence, and Legal Conflicts; Conduct of Hearings; Motions and Interlocutory Orders; Discovery and Submission of Evidence; Written Responses. 102.1. Practice of Law before the Board. 102.2. Policy for Electronic and Photographic News Coverage of Proceedings. 103. Appeals to the Appellate Division. 104. Suspension/Reinstatement of Benefits. 105. Appeals to the Courts. 108. Attorney’s Fees. 121. Insurance in More Than One Company; Self-Insurance; Insurance by Counties and Municipalities. Rule 126. Proof of Compliance with Insurance Provisions. 127. Permits for Self-Insurance; Establishment of Offices. 131. Designation by Insurer of Office for Service of Notices. 200. Compensation for Medical Care; Changes in Treatment; Filing of Medical Reports; Requests for Medical Information. 200.1. Provision of Rehabilitation Services. 200.2. Medical Case Management. 201. Panel of Physicians. 202. Examinations. 203. Payment of Medical Expenses; Procedure When Amount of Expenses is Disputed. 204. Subsequent Non-Work Related Injury; Chain of Causation; Burden of Proof. 205. Necessity of Treatment; Disputes Regarding Authorized Treatment. 206. Reimbursement of Group Carrier or Other Healthcare Provider. 208. Managed Care Organization Rules. 220. Computing Days of Disability Preceding Payment of Compensation. 221. Method of Payment. 222. Time Limit for Application for Lump Sum Payment. 226. Procedures for Appointing Conservator for Minor or Incompetent Adult. 240. Offer of Suitable Employment. 243. Credit for Payment of Income Benefits. 244. Reimbursement for Payment of Disability Benefits. 260. Basis for Computing Compensation. 261. Reserved. 262. Computing Temporary Partial Disability. 263. Determination of Disability Rating. 265. Payment of No-Dependency Bene- 989 Rule 2 LABOR AND INDUSTRIAL RELATIONS Rule Rule 380. 381. 382. 383. 384. 385. 386. 387. Rule 13 fits Into the General Fund of the State Treasury. Establishment of the Self-Insurers Guaranty Trust Fund. Definitions as used in this Article. Purpose. Board of Trustees; How Appointed. Powers of the Board of Trustees. Participant Filing for Relief Under the Federal Bankruptcy Act. Method of Assessment. Rights and Obligations of Board of Trustees to Obtain Reimbursement from Participant. 388. Duties of the Board to Board of trustees. Effective date. — The revised rules and regulations of the State Board of Workers’ Compensation, which appear in this appendix, became effective July 1, 1998, and superseded the previous rules and regulations of the Board in their entirety. Rule 2. Procedure to Elect Coverage, Reject Coverage or Revoke Exemption. (a) Corporate officers and limited liability company members electing to be exempt from coverage or electing to revoke exemption and reinstate coverage shall file Form WC-10 with the insurer, if there is an insurer, and, if none, then with the Board. (b) Farm labor employers electing coverage or electing to revoke previously elected coverage shall file Form WC-10 with the insurer, if there is an insurer, and, if none, then with the Board. If an employer elects to revoke previously elected coverage, the employer must give written notice to each affected employee and must maintain adequate documentation of such notice. (c) A partner or sole proprietor electing coverage or electing to revoke previously elected coverage shall file Form WC-10 with the insurer, if there is an insurer, and, if none, then with the Board. Rule 12. Publication of Board Decisions. The Board or its designee may publish awards and orders of the Appellate Division and the administrative law judges provided adequate security measures are taken to protect the identity and privacy of the parties. In order to protect the identity and privacy of the parties, Board decisions will be published without the names, addresses and social security numbers of the parties. The Board may redact such other information from published awards and orders as it deems appropriate. Note as to revisions. — This rule became effective July 1, 2010. Rule 13. Termination of Dependency. (a) The employer/insurer may terminate dependency benefits on the basis of a meretricious relationship only by order of the Board. 990 Rule 13 APPENDIX Rule 15 (b) In all other cases of termination of dependency, Rule 61(b)(3) shall apply. Rule 15. Stipulated Settlements. (a) The party submitting the stipulation shall: (1) file the original with a copy for each party to the agreement; if filing electronically, file one original and no copies. (2) at the top page of each stipulation list the names, addresses, and telephone numbers of all parties to the agreement, the ICMS Board claim number(s) of the employee, the dates of accident covered by the agreement where a Board file has been created by a Form WC-1 or Form WC-14, the names and addresses of all attorneys with a designation of which parties they represent, and the Federal tax identification number of the employee’s attorney. For dates of accident where a Board file has not been created but covered by the stipulation, such dates of accident shall only be listed in the body of the agreement. However, if you are only settling a ‘‘Medical Only’’ claim, you shall create a Board file by filing a WC-14 and/or WC-1 with Section C or D completed; (3) if a WC-1 has not previously been filed with the Board, the Board may require the attachment of a copy of the Form WC-1 with Section B, C, or D completed for each date of accident included in the caption; (4) if an attorney fee contract has not previously been filed with the Board, attach a copy of the fee contract of counsel for the employee/ claimant; and, (5) when submitting a stipulation for approval by electronic mail, the stipulation must be submitted separately from supporting documentation. (6) approval of a stipulation may be sent by electronic mail to the parties and attorneys of record. Whenever electronic transmission is not available, approval will be sent by mail. (7) for all stipulations, at the top of the first page of the stipulation, the first five inches shall be left blank for the approval stamp; (8) All stipulations shall be limited to no more than 25 pages, unless prior approval is given by the Board or the Settlement Division. (b) A stipulation which provides for liability of the employer or insurer shall: (1) state the legal and/or factual matters about which the parties disagree; 991 Rule 15 LABOR AND INDUSTRIAL RELATIONS Rule 15 (2) state that all incurred medical expenses which were reasonable and necessary have been or will be paid by the employer/insurer. If the parties have agreed for medical treatment to be provided for a specific period in the future, then the stipulation must so state, and must further specify whether the agreement is limited to certain specific providers, and whether those providers may refer to others if needed. Furthermore, the stipulation shall provide that the parties will petition the Board for a change of physician in the event that a specifically named physician is unable to render services, and the parties cannot agree. If the stipulation does not contain a provision that medical expenses may be incurred for a specific period in the future after the approval of the stipulation, then the stipulation must contain a statement which explains why that provision is not necessary; and, (3) attach the most recent medical report or summary which describes the medical condition of the employee, including a very brief statement of the surgical history, if any, if that history is not already specified within the stipulation. The entire medical record should NOT be attached. (c) The insurer shall certify that it has complied with O.C.G.A. § 34-9-15 by having sent a copy of the proposed settlement to the employer prior to any party having signed it. (d) When the agreement provides for the employer/insurer to fund any portion of the settlement by purchase of an annuity or other structured settlement instrument, which provides for a third party to pay such portion of the settlement, then the stipulation must contain a provision that the employer and insurer will be liable for the payments in the event of the default or failure of the third party to pay. In addition, if the stipulated settlement agreement provides for a Medicare Set-Aside (MSA), the stipulated settlement agreement shall contain a provision as to the actual or projected cost of the MSA. (e) Unless otherwise specified in the attorney fee contract filed with the Board and in the terms of the stipulation, the proceeds of the approved stipulated settlement agreement shall be sent directly to the employee or claimant. If an attorney is to be paid, the stipulation must state the amount of the fee, and itemize all expenses which should be reimbursed. Any expense, cost, surcharge, flat fee or averaged expenditure which is not reasonable and solely related to the case being settled shall not be approved by the Board. Further, an attorney shall not receive an attorney’s fee as a portion or percentage of any medical treatment or expenses, or any money designated for medical treatment or expenses. Expenses and attorney fees shall be paid in a check payable to the attorney only, and proceeds due to the employee shall be paid in a check payable to the employee only and the attorney shall 992 Rule 15 APPENDIX Rule 15 certify that the expenses comply with Rule 1.8(e) of the Georgia Rules of Professional Responsibility and Board Rule 108. No portion of any settlement payment shall be designated as medical except the amount specified in the approved stipulation. (f ) In all no-liability settlements where the claimant is represented by counsel, the attorney must submit a Form WC-15 certifying that any fee charged is fair and reasonable and does not exceed twenty five percent as allowed under the provisions of O.C.G.A. § 34-9-108 and Board Rule 108. (g) Stipulations which contain waivers or releases of causes of action over which the Board has no jurisdiction will not be approved by the Board. (h) The Board may hear evidence or make confidential informal inquiry regarding any settlement. (i) When filing a motion for reconsideration on the approval or denial of a settlement, the parties or attorneys shall: (1) immediately notify the Division Director of the Settlement Division or the Board by telephone call; (2) use the ICMS doc-type labeled motion for reconsideration; (3) limit their request to 10 pages, including briefs and exhibits, unless otherwise permitted by the Board; and (4) serve a copy on all counsel and unrepresented parties, along with supporting documents, including a separate certificate of service identifying the names and addresses served. (j) In any stipulated settlement agreement where review by the Centers for Medicare and Medicaid Services (CMS) is available, the parties elect to pursue approval of the proposed Medicare Set Aside (MSA) by CMS, and the parties elect to submit the settlement agreement to the Board for approval prior to CMS approval, the parties shall acknowledge and agree that the State Board of Workers’ Compensation shall retain jurisdiction of those medical issues covered by the MSA until such time as the medical portion of the claim is resolved in accordance with the Workers’ Compensation Act. (k) No party or any party’s attorney shall enter into a loan or assignment with a third party creditor which requires repayment from the proceeds of a workers’ compensation claim. (l) The employee shall stipulate that there are no outstanding child support liens that would prohibit full disbursement of the settlement funds in this case. (m) For settlements of $5000.00 or more, the Board or any party to the settlement agreement may require that the settlement documents contain language which prorates the lump sum settlement over the life expectancy of the injured worker. 993 Rule 15 LABOR AND INDUSTRIAL RELATIONS Rule 24 (n) Settlements in compensable claims will not be approved unless all WC-206/WC-244 party at interest issues are resolved. (o) In all no-liability settlements, the parties shall submit a statement specifying the party responsible for outstanding medical expenses. Note as to revisions. — The revision effective July 1, 2007, in paragraph (a)(2), substituted ‘‘ICMS Board claim number(s)’’ for ‘‘claim number’’ near the beginning, inserted ‘‘where a Board file has been created by a Form WC-1 or Form WC-14’’ near the middle, and added ‘‘For dates of accident where a Board file has not been created but covered by the stipulation, such dates of accident shall only be listed in the body of the agreement’’ at the end; in paragraph (a)(4), deleted ‘‘and WC-4’’ following ‘‘Form WC-1’’; in subsection (d), added the last sentence; in subsection (e), added ‘‘and the attorney shall certify that the expenses comply with Rule 1.8(e) of the Georgia Rules of Professional Responsibility and Board Rule 108’’ at the end of the last sentence; and in subsection (f ), substituted ‘‘Form WC-1 shall be filed’’ for ‘‘Form WC-1 and final completed Form WC-4 must be filed’’ in the first sentence, and made a punctuation change in the second sentence. The revision effective July 1, 2008, added paragraphs (a)(9) and (a)(10). The revision effective July 1, 2009, in subsection (e), inserted the third sentence and added subsection (i). The revision effective July 1, 2010, deleted paragraph (a)(3) and redesignated former paragraphs (a)(4) through (a)(10) as present paragraphs (a)(3) through (a)(9), respectively; in subsection (d), rewrote the first sentence, and inserted ‘‘or projected’’ in the last sentence; substituted ‘‘non-liability’’ for ‘‘no-liability’’ in the first sentence of subsection (f ); and added subsections (j) through (l). The revision effective July 1, 2011, added the last sentence in paragraph (a)(2); substituted the present provisions of paragraph (a)(3), for the former provisions, which read: ‘‘attach a copy of the Form WC-1 for each date of accident covered by the settlement’’; added ‘‘if an attorney fee contract has not previously been filed with the Board,’’ at the beginning of paragraph (a)(4); redesignated former paragraph (a)(5) as present paragraph (b)(3); redesignated former paragraphs (a)(6) through (a)(9) as present paragraphs (a)(5) through (a)(8), respectively; and deleted the former first sentence of paragraph (f ), which read: ‘‘A Form WC-1 shall be filed with every non-liability stipulation for each date of accident covered in that stipulation.’’ The revision effective July 1, 2012, added the last sentence to subsection (e); inserted ‘‘confidential’’ in subsection (h); substituted ‘‘shall stipulate’’ for ‘‘stipulates’’ in subsection (l); and added subsection (m). The revision effective July 1, 2013, substituted ‘‘the Board may require the attachment of ’’ for ‘‘attach’’ in paragraph (a)(3); deleted ‘‘including supporting documents,’’ preceding ‘‘unless prior approval’’ in paragraph (a)(8); and added subsections (n) and (o). Rule 24. Procedure for Enforcement Division to Request a Hearing. (a) The Fraud and Compliance Unit created pursuant to OCGA 34-9-24 shall be known as the Enforcement Division of the State Board of Workers’ Compensation. (b) A request for an action or proceeding may be filed by the State Board of Workers’ Compensation Enforcement Division to determine the assessment of civil penalties against any person or entity who has 994 Rule 24 Rule 40 APPENDIX violated the provisions of Chapter 9 of Title 34. The request shall be filed on Form WC-24 and then assigned to an Administrative Law Judge for review. Hearings shall be conducted pursuant to O.C.G.A. § 34-9-102 and Board Rule 102. In addition, venue may be determined as provided by law pertaining to that person or entity. (c) Any party appealing a decision of the Administrative Law Judge shall do so pursuant to O.C.G.A. §§ 34-9-103 and 34-9-105, and Board Rules 103 and 105. (d) During an investigation of alleged noncompliance with the provisions of Chapter 9 of Title 34, the Enforcement Division of the State Board of Workers’ Compensation may issue a notice for verification of coverage directing the employer, within fifteen days of the date of the notice, to provide either proof of workers’ compensation coverage or proof as to why the employer is not subject to the Act. This notice shall be considered a directive of the Board.