Title 34 — Title 34
0 chapters · 240 sections in this title.
O.C.G.A. § 34-9-1 Definitions
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As used in this chapter, the term: (1) ‘‘Board’’ means the State Board of Workers’ Compensation. (2) ‘‘Employee’’ means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual co…
O.C.G.A. § 34-9-10 Relief of employer from obligations under chapter
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No contract or agreement, written, oral, or implied, nor any rule, regulation, or other device shall in any manner operate to relieve any employer in whole or in part from any obligation created by this chapter except as otherwise expressly provided in this chapter. (Ga. L. 1920,…
O.C.G.A. § 34-9-102 Hearing before administrative law judge
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(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…
O.C.G.A. § 34-9-103 Appeal of decision; remand; reconsideration, amendment, or revision of award
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(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…
O.C.G.A. § 34-9-104 Russell v
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Fast Framers, Inc., 164 Ga. App. 771, 298 S.E.2d 303 (1982). Effect of administrative law judge’s analysis. — Notation in the administrative law judge’s award that a doctor could not state ‘‘to a reasonable degree of medical certainty’’ that claimant’s medical condition was relat…
O.C.G.A. § 34-9-105 Buschel v
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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 …
O.C.G.A. § 34-9-106 Ayers v
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Rembert, 241 Ga. 810 34-9-221 WORKERS’ COMPENSATION 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…
O.C.G.A. § 34-9-108 Raines & Milam v
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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).…
O.C.G.A. § 34-9-11 Ramcke v
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Ga. Power Co., 306 Ga. App. 736, 703 S.E.2d 13 (2010), cert. denied, No. S11C0482, 2011 Ga. LEXIS 583 (Ga. 2011). Truck repairer’s failures to repair an owner’s truck to the owner’s satisfaction or to agree on a trade-in price for the truck could not have justified the submission…
O.C.G.A. § 34-9-11.1 Definitions
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Applicability of chapter to employers and employees — Generally. Exemption of corporate officers; limitation. Eligibility of sole proprietor or partner for workers’ compensation insurance. Election to provide workers’ compensation coverage to farm laborers. Work based learning st…
O.C.G.A. § 34-9-120 Employer’s duty to insure payment of compensation
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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 …
O.C.G.A. § 34-9-122.1 Workers’ compensation health benefits pilot projects
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(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…
O.C.G.A. § 34-9-124.1 Optional deductibles to be offered by insurers
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(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…
O.C.G.A. § 34-9-127 Issuance by board of certificate of self-insurance; review; revocation
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(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 …
O.C.G.A. § 34-9-131 Insurer permit requirement; claim office within state
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(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…
O.C.G.A. § 34-9-132 Grounds for revocation of insurance carrier’s permit
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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…
O.C.G.A. § 34-9-135 Disclosure of costs by insurer
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Reserved. Repealed by Ga. L. 2009, p. 42, § 1/SB 76, effective July 1, 2009. Editor’s notes. — This Code section was based on Code 1981, § 34-9-135, enacted by Ga. L. 1992, p. 1942, § 14. 34-9-136. Statistical data submitted by insurance company to rating organization; verificati…
O.C.G.A. § 34-9-150 Purpose of article
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34-9-151. Definitions. 34-9-151.1. Eligibility for establishing a fund. T.34, C.9 Sec. 34-9-151.2. Filing of intent to form fund; notice of intent to refuse to issue certificate of authority. 34-9-152. Application to Commissioner for certificate of authority to create fund; conte…
O.C.G.A. § 34-9-151 Definitions
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As used in this article, the term: 748 34-9-151 WORKERS’ COMPENSATION 34-9-151 (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 …
O.C.G.A. § 34-9-151.1 Eligibility for establishing a fund
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(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…
O.C.G.A. § 34-9-157 Boards of trustees — Appointment of members
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34-9-158. Boards of trustees — Powers. 34-9-159. Annual reports of affairs and operations of funds; additional periodic reports; verification of reports; compliance condition for renewal of certificates. 34-9-160. Method of determining financial condition and solvency of a fund a…
O.C.G.A. § 34-9-158 Boards of trustees — Powers
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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…
O.C.G.A. § 34-9-161 Securities deposit; excess loss funding program
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(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…
O.C.G.A. § 34-9-163 Investment of assets; maintenance of loss reserves
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34-9-164. Payment of operating expenses by members of fund; liability of members; payment by funds of expenses of State Board of Workers’ Compensation; legal capacity of funds. 34-9-165. Requirements as to contracts 339 T.34, C.9 LABOR AND INDUSTRIAL RELATIONS Sec. 34-9-166. 34-9…
O.C.G.A. § 34-9-167 Bond, liability insurance, and resident office of administrator
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(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…
O.C.G.A. § 34-9-17 Ledbetter v
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Pine Knoll Nurs- 557 Willful Misconduct Generally (Cont’d) ing Home, 180 Ga. App. 654, 350 S.E.2d 299 (1986). Self-Inflicted Injury Self-inflicted injury due to disturbance caused by work-related injury not ‘‘intentional.’’ — When original work-connected injuries suffered by empl…
O.C.G.A. § 34-9-170 Taxes — Imposition; deductions, reductions, abatements, and credits
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Reserved. Repealed by Ga. L. 1990, p. 997, § 3, effective July 1, 1990. 34-9-171. Tax exemption.
O.C.G.A. § 34-9-171 Tax exemption
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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.) 34-9-172. Examinations by Commissioner to verify solvency…
O.C.G.A. § 34-9-174 Promulgation of rules and regulations
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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.)
O.C.G.A. § 34-9-175 Hearings or other proceedings for aggrieved parties
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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…
O.C.G.A. § 34-9-176 Service of process; venue of actions
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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.) 34-9-177. Funds not to be deemed insurers.
O.C.G.A. § 34-9-177 Funds not to be deemed insurers
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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 …
O.C.G.A. § 34-9-178 Construction of article
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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…
O.C.G.A. § 34-9-179 Application of Chapter 6 of Title 33 to funds; enforcement by Commissioner
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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…
O.C.G.A. § 34-9-18 Civil penalties; costs of collection
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(a) Any person who willfully fails to file any form or report required by the board, fails to follow any order or directive of the board or any of its members or administrative law judges, or violates any rule or regulation of the board shall be assessed a civil penalty of not le…
O.C.G.A. § 34-9-181 Administrative fines, probation, or additional penalties
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(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 774 34-9-181 WORKERS’ COMPENSATION T.34, C.9, A.6 officers, employees, agents, or representatives, has with such frequency as to indicate its ge…
O.C.G.A. § 34-9-182 Deadline for compliance
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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
O.C.G.A. § 34-9-2 Glen Oaks Turf, Inc
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v. Butler, 191 Ga. App. 840, 383 S.E.2d 203 (1989). Notation ‘‘farmer’’ on death certificate of caretaker. — When there was sufficient evidence to authorize a finding that the county estate on which the decedent was a caretaker was not used for farm purposes, a finding was not de…
O.C.G.A. § 34-9-2.1 Exemption of corporate officers; limitation
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(a) A corporate officer or a member of a limited liability company who elects to be exempt from coverage under this chapter shall make such election by giving written certification to the insurer or, if there is no insurer, to the State Board of Workers’ Compensation. The right o…
O.C.G.A. § 34-9-20 Giving of false evidence to board member
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Any person who shall knowingly make, give, or produce any false statements or false evidence, under oath, to any member of the board or to any administrative law judge commits the offense of perjury. (Ga. L. 1937, p. 230, § 18; Code 1933, § 114-9906, enacted by Ga. L. 1975, p. 19…
O.C.G.A. § 34-9-206 Reimbursement for costs of medical treatment
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(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…
O.C.G.A. § 34-9-208 Certification of managed health care providers
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(a) Any health care provider or group of medical service providers may make written application to the board to become certified to 804 34-9-208 WORKERS’ COMPENSATION 34-9-208 provide managed care to injured employees for injuries and diseases compensable under this chapter. (b) …
O.C.G.A. § 34-9-21 Penalty for receiving unentitled to benefits
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Any employee who, with the intent to defraud, receives and retains any income benefits to which he or she is not entitled shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each offense by a fine of not less than $1,000.00 nor more than $10,000.0…
O.C.G.A. § 34-9-220 Glisson v
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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…
O.C.G.A. § 34-9-221 Whitaker v
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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 …
O.C.G.A. § 34-9-223 Lump sum payments to trustees
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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…
O.C.G.A. § 34-9-226 Procedure; payment controverted by employer; delinquency charge; enforcement
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Lump sum payments of all or part of compensation generally. Lump sum payments to trustees. Payment of compensation to employees in service of more than one employer. Effect of written receipt of widow or widower, minor, or guardian upon liability of employer; determination of obl…
O.C.G.A. § 34-9-23 Liberal construction of chapter; purpose
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This chapter shall be liberally construed only for the purpose of bringing employers and employees within the provisions of this chapter and to provide protection for both. This chapter is intended to provide a complete and exclusive system and procedure for the resolution of dis…
O.C.G.A. § 34-9-241 Effect of subsequent injury on compensation
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(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…
O.C.G.A. § 34-9-242 Karimi v
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Crowley, 172 Ga. App. 761, 324 S.E.2d 583 (1984). Agreement to accept exclusive remedy of workers’ compensation. — The decedent who acted as an independent 34-9-11 contractor in relationship to an employer was entitled to coverage under the workers’ compensation law (see now O.C.…