Title 34

The board of the fund shall have the following specific powers, together with such other powers granted elsewhere in this article as may be necessary or incidental to effectuate the purposes of this article: (1) To invest and reinvest funds held by it in accordance with Code Sect…

On or before March 1 in each year after it shall have commenced to do business pursuant to a certificate of authority, every fund shall make and file with the Commissioner a report of its affairs and operations during the last preceding calendar year. This annual report shall be …

In determining the financial condition and solvency of a fund and the financial capacity of a fund to pay workers’ compensation obligations promptly and otherwise to meet its obligations under this chapter, the Commissioner shall take into consideration the following: (1) The sec…

(a)(1) Each fund shall maintain a deposit consisting of securities eligible for deposit by domestic insurance companies in accordance with Chapter 12 of Title 33 in the amount of $200,000.00, which amount equates to the deposits required of a domestic insurance company pursuant t…

(a) A fund formed pursuant to this article shall possess and thereafter maintain a minimum surplus of not less than $200,000.00. (b) Any fund established prior to July 1, 1995, which has satisfied the surplus requirement of this Code section by utilization of a surety bond shall …

(a) Except as otherwise specifically provided for in this article, the investable assets of a fund shall be invested only in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty i…

(a) Each member shall pay into the fund its share of the fund’s projected obligation for workers’ compensation liability, administrative expenses, and other costs incurred by the fund as may be determined by the board of the fund or by the fund’s administrator and approved by the…

(a) If a fund contracts with an administrator which is not an employee of the fund, the fund and the administrator must enter into a written agreement which shall be subject to review and approval by the Commissioner in accordance with this Code section. The agreement shall set f…

Any trustee, officer, or administrator of a fund who receives, collects, disburses, or invests moneys in connection with the activities of the fund shall be responsible for such moneys in a fiduciary capacity. (Code 1933, § 114-623a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1…

(a) The Commissioner shall require each administrator to have and maintain a fidelity bond pursuant to Code Section 33-23-102. (b) Errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regulation…

If the Commissioner finds that any fund or its administrator (1) has failed to comply with any provision of this article, (2) is fraudulently operated, (3) is in such condition as to render further fund operations hazardous to the public interest or to the interests of the fund’s…

(a) The Commissioner may revoke, suspend, or refuse to issue or renew the certificate of authority of any fund when and if, after investigation, he finds that: (1) Any certificate of authority issued to the fund was obtained by fraud; (2) There was any material misrepresentation …

Funds organized and operating pursuant to this article shall be exempt from state and local premium taxes. (Code 1933, § 114-627a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1; Ga. L. 1990, p. 997, § 4.)

(a) The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33, except that each fund shall be examined at least once …

(a) If the assets of a fund are at any time insufficient to enable a fund to discharge its legal liabilities and other obligations and to maintain the reserves and surplus required of it under this article, it shall forthwith make up the deficiency or levy an assessment upon its …

The Commissioner shall have authority to promulgate rules and regulations to effectuate the provisions of this article. (Code 1933, § 114-629a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.)

Any party which is aggrieved by any act, determination, order, or any other action of the Commissioner taken pursuant to this article may request a hearing before the Commissioner or otherwise proceed in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedu…

Except as otherwise provided in this article, service of process and venue shall be governed by the applicable provisions of Titles 9 and 14. (Code 1933, § 114-631a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.)

Notwithstanding any provisions of this article which might be construed to the contrary, no fund shall be considered an insurer for the purposes of Title 33 except for the limited purposes specified in this article; and, specifically, no fund shall be considered to be an insurer …

Nothing in this article shall be construed to apply to employers who elect to self-insure individually for workers’ compensation pursuant to Code Section 34-9-121 and the rules of the State Board of Workers’ Compensation or pursuant to any reciprocal agreements or contracts of in…

Chapter 6 of Title 33 shall apply to ‘‘funds,’’ as defined in this article; and, for the purpose of determining whether a violation of that chapter has occurred, a member and its employees shall be deemed to be ‘‘insureds’’ or ‘‘policyholders,’’ as used in the above-mentioned cha…

(a) An officer, trustee, administrator, member of any committee, or employee of a fund who is charged with the duty of investing or handling the fund’s assets shall not deposit or invest such assets except in the name of the fund; shall not borrow the assets of such fund; shall n…

(a) The Commissioner may, after a hearing, impose upon a fund an administrative fine if he finds that the fund, through the acts of its officers, employees, agents, or representatives, has with such frequency as to indicate its general business practice within this state: (1) Ref…

Except where otherwise specified in this article, funds established pursuant to this article shall have until July 1, 1998, to comply with the requirements of this article. (Code 1981, § 34-9-182, enacted by Ga. L. 1995, p. 1201, § 16.) ARTICLE 6 PAYMENT OF COMPENSATION

Rembert, 241 Ga. App. 698, 527 S.E.2d 290 (1999). Noncompliance as issue of fact. — Whether noncompliance with O.C.G.A. § 34-9-221 is without reasonable grounds is an issue of fact to be determined by the board, and its decision will be affirmed by the appellate court if there is…

Milam, 161 Ga. App. 860, 289 S.E.2d 785 (1982). Lack of specificity in subsection (d). — There is no specificity in O.C.G.A. § 34-9-221(d) concerning grounds on which right to compensation can be controverted. Georgia Power Co. v. Safford, 171 Ga. App. 387, 319 S.E.2d 537 (1984).…

(a)(1) For all injuries occurring on or before June 30, 2013, and for injuries occurring on or after July 1, 2013, designated as catastrophic injuries pursuant to subsection (g) of Code Section 34-9-200.1, the employer shall furnish the employee entitled to benefits under this ch…

(a) In the event of a catastrophic injury, the employer shall furnish the employee entitled to benefits under this chapter with reasonable and necessary rehabilitation services. The employer either shall appoint a registered rehabilitation supplier or give reasons why rehabilitat…

(a) As used in this Code section, the term ‘‘physician’’ shall include any person licensed to practice a healing art and any remedial treatment and care in the State of Georgia. (b) The employer may satisfy the requirements for furnishing medical care under Code Section 34-9-200 …

(a) After an injury and as long as he claims compensation, the employee, if so requested by his or her employer, shall submit himself or herself to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer or the boa…

(a) The pecuniary liability of the employer for medical, surgical, hospital service, or other treatment required, when ordered by the board, shall be limited to such charges as prevail in the State of Georgia for similar treatment of injured persons of a like standard of living w…

(a) No compensation shall be payable for the death or disability of an employee if his or her death is caused by or, insofar as his or her disability, may be aggravated, caused, or continued by a subsequent nonwork related injury which breaks the chain of causation between the co…

(a) Any party to a claim under this chapter, a group insurance company, or other health care provider who covers the costs of medical treatment for a person who subsequently files a claim under this chapter may give notice in writing to the board at any time during the pendency o…

(a) When an employee has submitted a claim for workers’ compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, that employee shall be deemed to have waived any privilege or confidentiality concerning any communicatio…

(a) Any health care provider or group of medical service providers may make written application to the board to become certified to provide managed care to injured employees for injuries and diseases compensable under this chapter. (b) Each application for certification shall be …

Rooms To Go, 270 Ga. App. 689, 608 S.E.2d 50 (2004). Evidence supported denial of benefits. — Worker was properly denied workers’ compensation benefits and terminated from employment for failing to return from a leave of absence because evidence supported the findings that the wo…

(a) Upon the application of any party when benefits have been continued for a period of not less than 26 weeks, if the board determines that it is for the best interest of the claimant to prevent extreme hardship or is essential to the rehabilitation of the claimant, the board ma…

Whenever the board deems it expedient, any lump sum, subject to the provisions of Code Section 34-9-222, or final settlement, subject to the provisions of Code Section 34-9-15, shall be paid by the employer to some suitable person or corporation appointed by the superior court of…

Whenever any employee whose injury or death is compensable under this chapter shall at the time of the injury be in the joint service of two or more employers subject to this chapter, such employers shall contribute to the payment of such compensation in proportion to their wage …

(a) Whenever payment of compensation, in accordance with the terms of this chapter, is made to a widow or widower for her or his use or for her or his use and the use of the child or children, the written receipt thereon of such widow or widower shall release and discharge the em…

(a) Except as provided in this Code section, the only person capable of representing a minor or legally incompetent claimant entitled to workers’ compensation benefits shall be (1) a conservator duly appointed and qualified by the probate court of the county of residence of such …

(a) If an injured employee refuses employment procured for him or her and suitable to his or her capacity, such employee shall not be entitled to any compensation, except benefits pursuant to Code Section 34-9-263, at any time during the continuance of such refusal unless in the …

(a) Limitation on simultaneous compensation. If an employee received an injury for which income benefits are payable while still entitled to or receiving income benefits for a previous injury, the employee shall not be entitled to income benefits at the same time for both injurie…

(a) The payment by the employer or the employer’s workers’ compensation insurance carrier to the employee or to any dependent of the employee of any benefit when not due or of salary or wages or any benefit paid under Chapter 8 of this title, the ‘‘Employment Security Law,’’ duri…

(a) Any party to a claim under this chapter, a group insurance company, or other disability benefits provider who provides disability benefits for a person who subsequently files a claim under this chapter may give notice in writing to the board at any time during the pendency of…

Should the board find that a claimant has received an overpayment of income benefits from the employer, for any reason, the board shall have the authority to order repayment on terms acceptable to the parties or within the discretion of the board. No claim for reimbursement shall…