Title 34 — Title 34

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…

Physicians treating workers’ compensation claimants shall comply with the provisions against patient self-referral as set forth in Chapter 1B of Title 43. (Code 1981, § 34-9-25, enacted by Ga. L. 2006, p. 676, § 1/HB 1240.) ARTICLE 1A WORKERS’ COMPENSATION TRUTH IN ADVERTISING AC…

Except as otherwise provided in this chapter, the average weekly wages of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined, subject to limitations as to the maximum and minimum amounts provided f…

Co. v. Manigault, 167 Ga. App. 599, 307 S.E.2d 79 (1983); Holt’s Bakery v. Hutchinson, 177 Ga. App. 154, 338 S.E.2d 742 (1985). Inability to find any suitable work determining factor. — It is not the ability to perform the particular job in which one was engaged at the time of in…

Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference betwee…

(a) Definition. As used in this chapter, ‘‘permanent partial disability’’ means disability partial in character but permanent in quality resulting from loss or loss of use of body members or from the partial loss of use of the employee’s body. (b) Payment of benefits. (1) In case…

As used in this article, the term: (1) ‘‘Disablement’’ means the event of an employee becoming actually disabled to work, as provided in Code Sections 34-9-261, 34-9-262, and 34-9-263, because of occupational disease. (2) ‘‘Occupational disease’’ means those diseases which arise …

(a) Where the employer and employee are subject to this chapter, the disablement or death of an employee resulting from an occupational disease shall be treated as the occurrence of an injury by accident; and the employee or, in the case of his or her death, the employee’s depend…

Any claimant who shall be entitled to compensation under the terms of this article shall be entitled to burial expenses and medical, hospital, and other treatment in the same amounts and with the same limitations and conditions as provided in Code Sections 34-9-200 and 34-9-265 f…

Where an occupational disease is aggravated by any other disease or infirmity not itself compensable or where disability or death from any other cause not itself compensable is aggravated, prolonged, accelerated, or in any other way contributed to by an occupational disease, the …

All of the provisions of this chapter shall be applicable to this article, unless otherwise provided in or inconsistent with this article. (Code 1933, § 114-810, enacted by Ga. L. 1946, p. 103; Ga. L. 2004, p. 631, § 34.)

The total expenses of the State Board of Workers’ Compensation for the administration, operation, and proper functioning of the board under this article shall be a proper charge under Code Section 34-9-63 926 34-9-292 WORKERS’ COMPENSATION 34-9-310 and shall be payable as provide…

(a) This article shall be known and may be cited as the ‘‘Workers’ Compensation Truth in Advertising Act of 1995.’’ (b) The purpose of this article is to assure truthful and adequate disclosure of all material and relevant information in advertising which solicits persons to enga…

Any television advertisement, with broadcast originating in this state, which solicits persons to file workers’ compensation claims or to engage or consult an attorney, a medical care provider, or clinic for the purpose of giving consideration to a workers’ compensation claim or …

The medical board shall have the same power to compel the attendance of witnesses and the production of records as the superior courts of this state have to compel the attendance of witnesses and the production of records. (Code 1933, § 114-828, enacted by Ga. L. 1963, p. 141, § …

It is the purpose of this article to encourage the employment of persons with disabilities by protecting employers from excess liability for compensation when an injury to a disabled worker merges with a preexisting permanent impairment to cause a greater disability than would ha…

34-9-351.1. Exclusion from eligibility for reimbursement of certain self-insured employers. 34-9-352. Creation and authority of Subsequent Injury Trust Fund; state treasurer as custodian. 34-9-353. Surety bonds of administrator and custodian. 34-9-354. Creation and appointment of…

The administrator and the custodian, before entering upon the performance of their duties, shall each execute and file an official surety bond of not less than $50,000.00. The bonds shall be approved as to form and sufficiency by the Attorney General. The bonds shall be payable t…

It shall be incumbent upon the employer to establish that the employer had reached an informed conclusion prior to the occurrence of the subsequent injury or occupational disease that the preexisting impairment is permanent and is likely to be a hindrance or obstacle to employmen…

34-9-366. Binding of fund to questions determined in proceedings to which it was not a party. 34-9-367. Liability of fund for interest or attorney’s fees. 34-9-368. Reimbursement of self-insured employers or insureds; actuarial study required; dissolution of Subsequent Injury Tru…

The Subsequent Injury Trust Fund shall not be liable for any interest on sums due claiming parties nor shall it be liable for attorney’s fees due attorneys of the claiming parties except where it is proven by a preponderance of evidence that the Subsequent Injury Trust Fund has f…

It is the purpose of this article through the establishment of a guaranty trust fund to provide for the continuation of workers’ compensation benefits due and unpaid, excluding penalties, fines, and attorneys’ fees assessed against a participant, when such participant becomes an …

As used in this article, the term: (1) ‘‘Applicant’’ means an employee entitled to workers’ compensation benefits. (2) ‘‘Board’’ means the State Board of Workers’ Compensation. (3) ‘‘Board of trustees’’ means the board of trustees of the fund. (4) ‘‘Company’’ means a corporation,…

(a) Each member of the board of trustees shall be an employee of a participant. The board of trustees shall consist of a chairperson and six trustees elected by the participants. The board of trustees shall initially be appointed by the Governor not later than August 1, 1990. Thr…

The board of trustees shall possess all powers necessary and convenient to accomplish the objectives prescribed by this article, including, but not limited to, the following: (1) Not later than 90 days from its appointment, the board of trustees must make and submit to the board …

(a) Any participant who files for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings are filed or for whom a receiver is appointed shall file written notice of such fact with the board and the board of trustees within 30 days of the occurrence of such …

The Governor shall appoint one member of the board as chairman, and the appointee shall hold his office for four years and until his successor shall have been appointed and shall have qualified. Any vacancy in the office shall be filled by the Governor for the unexpired portion o…

It is the intent of the General Assembly to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success w…

As used in this article, the term: (1) ‘‘Alcohol’’ means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (2) ‘‘Chain of custody’’ means the methodology of tracking specified materials, specimens, or substances for …

If an employer work organization implements a drug-free workplace program substantially in accordance with subsections (a) and (b) of Code Section 34-9-413, the employer work organization shall qualify for certification for a premium discount under such employer’s workers’ compen…

A self-insured employer or an employer member of a group self-insurance fund who implements a drug-free workplace program substantially in accordance with Code Section 34-9-413 and who complies with all other provisions of this article required of employers in order to qualify fo…

(a) A drug-free workplace program must contain the following elements: (1) Written policy statement as provided in Code Section 34-9-414; (2) Substance abuse testing as provided in Code Section 34-9-415; (3) Resources of employee assistance providers maintained in accordance with…

(a) One time only, prior to testing, all employees and job applicants for employment must be given a notice of testing. In addition, all employees must be given a written policy statement from the employer which contains: (1) A general statement of the employer’s policy on employ…

(a) If an employer has an Employee Assistance Program, the employer must inform the employee of the benefits and services of the Employee Assistance Program. In addition, the employer must provide the employee with notice of the policies and procedures regarding access to and uti…

(a) During the initial year of certification as provided in Code Section 34-9-412.1, an employer must provide all employees with a semiannual education program on substance abuse, in general, and its effects on the workplace, specifically. During the initial year, the first hour …

(a) During the initial year of certification as provided in Code Section 34-9-412.1 and in addition to the education program provided in Code Section 34-9-417, an employer must provide all supervisory personnel with a minimum of two hours of supervisor training, which must includ…

(a) The chairperson of the board shall be a person who, on account of his or her previous employment, affiliation, or experience, shall be 574 34-9-42 WORKERS’ COMPENSATION 34-9-44 considered knowledgeable of the concerns of the public at large. One of the remaining two board mem…

(a) All information, interviews, reports, statements, memoranda, and test results, written or otherwise, received by the employer through a substance abuse testing program are confidential communications, but may be used or received in evidence, obtained in discovery, or disclose…

The State Board of Workers’ Compensation shall promulgate by rule or regulation procedures and forms for the certification of employers who establish and maintain a drug-free workplace which complies with the provisions of this article. The board shall be authorized to charge a f…

Each member of the board, including the chairman thereof, shall, before entering upon the duties of his office, take an oath for the faithful discharge of his duties. (Code 1933, § 114-701.2, enacted by Ga. L. 1975, p. 198, § 6.)

As used in this article, the term: (1) ‘‘Employer’’ means a person or entity that is subject to the provisions of this chapter but shall not include the state or any department, agency, or instrumentality of the state; any county; any 976 34-9-430 WORKERS’ COMPENSATION 34-9-431 c…

(a) A work based learning employer that has been certified pursuant to this Code section may be eligible for a premium discount under such employer’s workers’ compensation insurance policy pursuant to Code Section 33-9-40.3. (b) The State Board of Education shall certify to the S…

Certification of work based learning employer; requirements. Certification of compliance. injuries to employees generally, § 34-7-20 et seq. Additional payments to members of Georgia State Patrol for injuries received in line of duty, § 35-2-9. Additional pay- 343 T.34, C.9 LABOR…

Each member of the board, including the chairman thereof, shall, before entering upon the duties of his office, execute such bond as may 575 34-9-46 be required by the Governor for the protection of the state and those having business before the board. The expense of such bond is…

34-9-46. Quorum. 34-9-47. Trial division and appellate division created; composition; sessions. 34-9-48. Designation of members as appellate administrative law judges. 34-9-48.1. Senior administrative law judge of the board. 34-9-49. Appointment and removal of executive director.…

Any two members of the board shall constitute a quorum for the transaction of any business or the rendering of any decision required by this chapter to be made by all of the members. (Ga. L. 1920, p. 167, § 53; Ga. L. 1925, p. 282, § 4; Code 1933, § 114-703; Ga. L. 1973, p. 232, …

(a) There is created and established within the State Board of Workers’ Compensation a trial division and an appellate division, which shall exercise judicial functions in implementing this chapter. (b) The appellate division shall be composed of the three members of the board wh…

(a) There is created the office of senior administrative law judge of the board. Any director or administrative law judge who is retired on July 1, 1991, or who shall retire after such date shall be eligible for appointment as a senior administrative law judge if such person is n…

(a) There is created the position of executive director of the board. The executive director shall be both appointed and removed by the board. Subject to the general policy established by the board, the executive director shall: (1) Plan, organize, direct, supervise, account for,…

Notice required as part of television advertisement. Penalty for violation of notice requirement; advertiser defined. 34-9-54. 34-9-55. 34-9-56. Article 2 Administration 34-9-40. T.34, C.9 WORKERS’ COMPENSATION State Board of Workers’ Compensation created; appointment of members;…