Title 34 — Title 34
0 chapters · 240 sections in this title.
O.C.G.A. § 34-8-41 Insured work
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As used in this chapter, the term ‘‘insured work’’ means employment for a liable employer. (Code 1981, § 34-8-41, enacted by Ga. L. 1991, p. 139, § 1.) 34-8-42. Liable employer.
O.C.G.A. § 34-8-42 Liable employer
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As used in this chapter, the term ‘‘liable employer’’ means an employer who is responsible for the payment of unemployment contributions or payments in lieu of contributions or a governmental entity. (Code 1981, § 34-8-42, enacted by Ga. L. 1991, p. 139, § 1.) 34-8-43. Most recen…
O.C.G.A. § 34-8-43 Most recent employer
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(a) As used in this chapter and except as otherwise provided in subsection (b) of this Code section, the term ‘‘most recent employer’’ means, for claims with benefit years that begin on or after July 1, 2015, the last employer for whom an individual worked. (b) As used in this ch…
O.C.G.A. § 34-8-44 State
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As used in this chapter, the term ‘‘state’’ includes the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. (Code 1981, § 34-8-44, enacted by Ga. L. 1991, p. 139, § 1.) 34-8-45. Supplemental unemployment bene…
O.C.G.A. § 34-8-45 Supplemental unemployment benefits
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As used in this chapter, the term ‘‘supplemental unemployment benefits’’ means only: (1) Benefits which are paid to an employee because of such employee’s involuntary separation from the employment of the employer, whether or not such separation is temporary, which separation res…
O.C.G.A. § 34-8-46 Sturgess v
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OA Logistics Servs., 336 Ga. App. 134, 784 S.E.2d 432 (2016). Immunity of employees of joint venture. — When the owner of a crane and another construction company engaged in a joint venture on a project and both the plaintiff and the operator of a crane which injured the plaintif…
O.C.G.A. § 34-8-47 Unemployed; unemployment
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For purposes of this chapter, an individual shall be deemed ‘‘unemployed’’ in any week during which the individual performs no services and with respect to which no wages are payable to him or her or in any week of less than full-time work if his or her deductible earnings do not…
O.C.G.A. § 34-8-48 Valid claim
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As used in this chapter, the term ‘‘valid claim’’ means a claim filed for unemployment compensation benefits in which sufficient base period wages establish a monetary entitlement as provided in Code Section 34-8-193. (Code 1981, § 34-8-48, enacted by Ga. L. 1991, p. 139, § 1.) 3…
O.C.G.A. § 34-8-49 Wages
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(a)(1) As used in this chapter, the term ‘‘wages’’ means all remuneration for personal services, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash sh…
O.C.G.A. § 34-8-50 Week
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As used in this chapter, the term ‘‘week’’ means such period of seven consecutive calendar days ending at 12:00 Midnight as the Commissioner may by regulation prescribe. (Code 1981, § 34-8-50, enacted by Ga. L. 1991, p. 139, § 1.) 34-8-51. Weekly benefit amount.
O.C.G.A. § 34-8-51 Weekly benefit amount
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As used in this chapter, the term ‘‘weekly benefit amount’’ means the dollar amount, prior to any deductions, which an individual may be entitled to receive for one week of total unemployment. (Code 1981, § 34-8-51, enacted by Ga. L. 1991, p. 139, § 1.) 188 T.34, C.8, A.3 EMPLOYM…
O.C.G.A. § 34-8-70 Duties and powers of Commissioner
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(a) It shall be the duty of the Commissioner to administer this chapter. (b) The Commissioner shall have power and authority to adopt, amend, or rescind such rules and regulations and to employ such persons, make such expenditures, require such reports, make such investigations, …
O.C.G.A. § 34-8-71 Distribution of text of chapter and other materials
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The Commissioner shall make available to the public copies of the text of this chapter, any rules or regulations promulgated pursuant to this chapter, the Commissioner’s annual reports to the Governor, and any other material the Commissioner deems relevant. Such copies shall be f…
O.C.G.A. § 34-8-73 Annual payroll; average annual payroll
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Base period; alternative base period. Benefits. Benefit year. Bona fide in the labor market. Calendar quarter. Commissioner. Common paymaster. Computation date. Contributions; payments in lieu of contributions. Deductible earnings. Department. Employee leasing company. Employer. …
O.C.G.A. § 34-8-75 Experience rating committee
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The Commissioner shall designate an experience rating committee. The committee shall be composed of one representative of employers, one representative of employees, and one representative of the department. The committee shall be constituted as a continuing committee for the pur…
O.C.G.A. § 34-8-76 Duties of Commissioner to reduce and prevent unemployment
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The Commissioner, with the advice and aid of the State Advisory Council and the local or industry advisory councils, shall take all 192 34-8-77 appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational trainin…
O.C.G.A. § 34-8-85 Withdrawals from Unemployment Trust Fund for expenditures under chapter
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Moneys shall be requisitioned from this state’s account in the Unemployment Trust Fund solely for the payment of regular benefits and extended benefits and for refunds pursuant to Code Section 34-8-164 and in accordance with regulations prescribed by the Commissioner, except that…
O.C.G.A. § 34-8-86 Management of funds upon discontinuance of Unemployment Trust Fund
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Code Sections 34-8-83 through 34-8-85, to the extent that they relate to the Unemployment Trust Fund, shall be operative only so long as such trust fund continues to exist and so long as the secretary of the treasury of the United States continues to maintain for this state a sep…
O.C.G.A. § 34-8-88 Necessary powers in discharge of duties
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In the discharge of the duties imposed by this chapter, the Commissioner, the chief administrative hearing officer, the members of the board of review, and any duly authorized representative of any of them shall have the power to administer oaths and affirmations, take deposition…
O.C.G.A. § 34-8-90 Authority to lease property
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Reserved. Repealed by Ga. L. 2005, p. 100, § 16/SB 158, effective April 12, 2005. Editor’s notes. — This Code section was based on Code 1981, § 34-8-90, enacted by Ga. L. 1991, p. 139, § 1. 34-8-91. Benefits limited to extent funds are available.
O.C.G.A. § 34-8-91 Benefits limited to extent funds are available
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Benefits shall be deemed due and payable under this chapter only to the extent provided in this chapter and to the extent that funds are available therefor to the credit of the Unemployment Compensation Fund. Neither the state nor the Commissioner shall be liable for any 205 34-8…
O.C.G.A. § 34-8-93 Construction of chapter; severability
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(a) Any ambiguity in this chapter shall be construed in a manner consistent with federal law applicable to the unemployment compensation program. (b) In the event any Code section, subsection, paragraph, subparagraph, sentence, clause, phrase, or provision of this chapter shall b…
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…