Title 34

(a) The board shall prepare and cause to be printed and, upon request, shall furnish free of charge to any employee or employer such blank forms and literature as it shall deem necessary to facilitate or promote the efficient administration of this chapter. (b) The board shall ta…

(a) The total expenses of the board shall be prorated among the qualified insurance companies writing compensation insurance in this state, hereinafter referred to as insurers, and employers subject to the provisions of this chapter whose workers’ compensation insurance coverage …

(a) Subject to Code Section 34-9-82, a claim for compensation may be filed with the board at any time following an injury or death. The board and its administrative law judges shall have full authority to hear and determine all questions with respect to such claims. (b) The board…

The members of the board or any one of them or an administrative law judge may, upon the application of either party or upon their own motion, appoint one or more disinterested and duly qualified physicians or surgeons to make any necessary medical examination of the employee and…

(a) Notice of hearing. The hearing shall be held as soon as practicable; provided, however, no hearing shall be scheduled less than 30 days nor more than 90 days from the date of the hearing notice. With regard to any request for a determination of noncatastrophic status in accor…

(a) Any party dissatisfied with a decision of an administrative law judge of the trial division of the State Board of Workers’ Compensation may appeal that decision to the appellate division of the State Board of Workers’ Compensation which shall have original appellate jurisdict…

(a) ‘‘Change in condition’’ defined; benefits. (1) As used in this Code section, the term ‘‘change in condition’’ means a change in the wage-earning capacity, physical condition, or status of an employee or other beneficiary covered by this chapter, which change must have occurre…

Kysor/Warren, 213 Ga. App. 91, 444 S.E.2d 105 (1994); MacKenzie v. Sav-A-Lot Food Store, 226 Ga. App. 32, 485 S.E.2d 559 (1997); Pine Timber Trucking Co. v. Teal, 230 Ga. App. 362, 496 S.E.2d 270 (1998). Motion seeking recommitment on ground of newly discovered evidence properly …

Any final award for compensation entered by the board shall bear interest at the legal rate of 12 percent on all accrued amounts and on all amounts accruing prior to final judgment in the event of an appeal being taken from the board in the same manner in which it is now provided…

Fieldcrest Mills, Inc., 174 Ga. App. 533, 330 S.E.2d 761 (1985). When the evidence clearly provided a reasonable basis for the employer’s contention that the worker’s injury occurred while the worker was laid off and reasonable grounds for defending the matter did exist and were …

City of Dalton Fire Dep’t, 257 Ga. 430, 360 S.E.2d 249 (1987). Notice requirements met. — When there was evidence to authorize findings that appellant-employer knew of appellee’s preexisting injury and of worsening of appellee’s condition so that it could have made investigation …

The written notice provided for in Code Section 34-9-80 shall state in ordinary language the name and address of the employee, the time, place, nature, and cause of the accident and of the resulting injury or death and shall be signed by the employee or by a person in his behalf …

(a) The board shall provide by rule for the publication of a summary of the rights, benefits, and obligations under this chapter and the distribution of such summary to employers and employees in this state. The board shall provide by rule for the display of such summary by emplo…

(a) The right to compensation shall be barred unless a claim therefor is filed within one year after injury, except that if payment of weekly benefits has been made or remedial treatment has been furnished by the employer on account of the injury the claim may be filed within one…

All rights of compensation under this chapter shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for claims for unpaid wages for labor. (Ga. L. 1920, p. 167, § 21; Code 1933, § 114-301.)

Liab. Ins. Co. v. Hicks, 159 Ga. App. 214, 283 S.E.2d 18 (1981); Travelers Ins. Co. v. Moxley, 160 Ga. App. 391, 287 S.E.2d 340 (1981). Workers’ compensation benefits. — Debtor’s workers’ compensation benefits did not constitute property of that debtors’ bankruptcy estate and wer…

If an injured employee is mentally incompetent or is under 18 years of age at the time any right or privilege accrues to him under this chapter, his guardian or trustee may claim and exercise such right or privilege in his behalf. (Ga. L. 1920, p. 167, § 47; Code 1933, § 114-307.…

No limitation of time provided in this chapter for the giving of notice or making claim shall apply to any person who is mentally incompetent or a minor dependent, as long as he has no guardian or trustee, or to a person who proceeds in good faith against a corporation supposed t…

Every employer subject to the compensation provisions of this chapter shall insure the payment of compensation to his employees in the manner provided in this article; and, while such insurance remains in force, he or those conducting his business shall be liable to any employee …

(a) Unless otherwise ordered or permitted by the board, every employer subject to the provisions of this chapter relative to the payment of compensation shall secure and maintain full insurance against such employer’s liability for payment of compensation under this article, such…

Any policy of insurance issued under this chapter shall be the standard workers’ compensation policy of insurance containing the usual and customary provisions found in such policies and shall include a provision that the premium charge shall be promptly paid. If there is any que…

(a) Notwithstanding any provision of this chapter to the contrary, workers’ compensation health benefits pilot projects are authorized under the provisions of this Code section. (b) The Commissioner of Insurance shall adopt rules to enable employers and employees to enter into ag…

All policies insuring the payment of compensation under this chapter, including all contracts of mutual, reciprocal, or interinsurance must contain a clause to the effect that, as between the employer and the insurer or insurers, the notice to or knowledge of the occurrence of th…

(a) No policy or contract of insurance shall be issued unless it contains the agreement of the insurer or insurers that it or they will promptly pay all benefits conferred by this chapter and all installments of the compensation that may be awarded or agreed upon to the person en…

(a) Each insurer issuing a policy under this chapter shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter. Deductible amounts offered shall be fully disclosed to the pros…

(a) A policy, plan, or contract of workers’ compensation insurance issued under this chapter may not be issued, delivered, issued for delivery, or renewed on or after July 1, 1990, and a certificate of authority for a group self-insurance fund under Article 5 of this chapter may …

Every policy insuring the payment of compensation provided for in this article or insuring against liability for payment of such compensation, including all contracts of mutual, reciprocal, or interinsurance, shall be deemed to be made subject to this chapter. No corporation, ass…

(a) Every employer subject to the compensation provisions of this chapter shall file with the board in the form prescribed by the board, annually or as often as the board in its discretion may deem necessary, evidence satisfactory to the board of his compliance with Code Section …

(a) Whenever an employer has complied with those provisions of Code Section 34-9-121 relating to self-insurance, the board shall issue to such employer a certificate which shall remain in force for a period fixed by the board. (b) The board shall have the authority to review the …

The board and its authorized representatives shall have the power and authority to enter any place of employment and to inspect the same, together with all employment, payroll, and injury records at any reasonable time for the purpose of investigating compliance with this chapter…

Every insurance company doing a workers’ compensation business in this state shall furnish a bond payable to the state in the sum of $50,000.00 with some surety company authorized to transact business in this state as surety, in such form as may be approved by the Commissioner of…

In addition to the authority prescribed in Title 33, the Commissioner of Insurance shall have the power, in such manner and by such means as he may deem proper and adequate, to gather statistics and information and make investigations concerning rates for such insurance. He may t…

(a) Notwithstanding any other provision of law, all insurers issuing policies or contracts of insurance against the liability for compensation under this chapter shall comply with the following provisions. Each insurer’s basic rate for policies or contracts of insurance against t…

(a) Every insurance company and every person, firm, or corporation writing policies of insurance under this chapter or insuring the payment of compensation to employees as provided by this chapter, before writing any such policy or entering upon any such insurance contract or con…

The board is authorized, of its own motion or upon complaint filed with it, after notice of not less than ten days and a hearing thereon, to revoke any permit granted under Code Section 34-9-131 if an employer is ready, willing, and able to pay a premium at the rate prescribed by…

(a) The board shall prescribe the rules and regulations for apportioning rejected workers’ compensation policies and may establish an equitable assignment of such policies and enforce such provisions; provided, however, the Commissioner of Insurance is authorized to establish or …

Appeal from any decision under Code Sections 34-9-122 and 34-9-131 through 34-9-133 may be made in the manner provided elsewhere for appeals from orders or judgments of the members of the board. (Code 1933, § 114-610, enacted by Ga. L. 1935, p. 146, § 1.)

(a) Before an insurance company is authorized to submit statistical data on an employer to any licensed rating organization for purposes of determining the employer’s experience modification factor, the insurance company must verify with the employer the accuracy of the data. In …

Whenever an experience modification factor is applied to the premium of an employer’s policy of workers’ compensation insurance, consideration shall be given to: (1) Any amounts recovered by such employer or its insurer pursuant to Code Section 34-9-11.1, relating to rights of ac…

of 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 204 (1994). employer’s experience while Any insurance company which voluntarily writes a policy for any employer which was self-insured under any provision of this chapter shall include such employer’s prior experie…

It is the intent of the General Assembly to provide an alternative mechanism through which bona fide members of trade associations and professional associations as well as groups of municipalities, counties, school boards, and hospital authorities may extend workers’ compensation…

As used in this article, the term: (1) ‘‘Administrator’’ means any individual, partnership, or corporation, except a sponsoring association or associations, designated and authorized by the board of the fund to carry out the day-to-day operations of the fund, including, but not l…

(a) Any group or groups of employers who are engaged in similar business activities may establish a fund or funds provided that: (1) Such fund or funds shall comply with the provisions of this article; (2) Separate classes, as described in Code Section 34-9-152, may not be commin…

(a) At least 30 days prior to executing the initial intrastate agreement required by this article, any group authorized to form a fund under this article shall file with the Commissioner an intent to form a fund on such form as prescribed by the Commissioner. Such form shall incl…

(a) Any group of municipalities, counties, school boards, or hospital authorities or any trade association or professional association or any other group authorized by this article may enter into an intrastate agreement for the purpose of extending workers’ compensation benefits …

(a) The Commissioner shall examine the application made under Code Section 34-9-152 to determine whether the fund will be able to comply with the laws of this state and whether membership in the fund will enable the members of the fund to meet their liability for workers’ compens…