Title 34 — Title 34
0 chapters · 240 sections in this title.
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.…
O.C.G.A. § 34-9-245 Repayment of overpayment by claimant
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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…
O.C.G.A. § 34-9-25 Patient self-referral
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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…
O.C.G.A. § 34-9-260 Basis and method for computing compensation generally
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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…
O.C.G.A. § 34-9-261 Hensel Phelps Constr
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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…
O.C.G.A. § 34-9-262 Compensation for temporary partial disability
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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…
O.C.G.A. § 34-9-263 Compensation for permanent partial disability
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(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…
O.C.G.A. § 34-9-280 Definitions
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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 …
O.C.G.A. § 34-9-281 Prerequisites to compensation for occupational disease
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(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…
O.C.G.A. § 34-9-282 Payment of medical and burial expenses of claimants
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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…
O.C.G.A. § 34-9-285 Noncompensable disease or infirmity
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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 …
O.C.G.A. § 34-9-288 Applicability of provisions of chapter to article
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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.)
O.C.G.A. § 34-9-292 Payment of expenses of board
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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…
O.C.G.A. § 34-9-30 Short title; purpose
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(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…
O.C.G.A. § 34-9-31 Notice required as part of television advertisement
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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 …
O.C.G.A. § 34-9-313 Power to compel attendance of witnesses and production of records
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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, § …
O.C.G.A. § 34-9-350 Purpose and construction of article
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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…
O.C.G.A. § 34-9-351 Definitions
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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…
O.C.G.A. § 34-9-353 Surety bonds of administrator and custodian
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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…
O.C.G.A. § 34-9-361 Employer’s knowledge of employee’s preexisting permanent impairment
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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…
O.C.G.A. § 34-9-365 Injuries to which article is applicable
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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…
O.C.G.A. § 34-9-367 Liability of fund for interest or attorney’s fees
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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…
O.C.G.A. § 34-9-380 Purpose of article
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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 …
O.C.G.A. § 34-9-381 Definitions
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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,…
O.C.G.A. § 34-9-383 Membership of board of trustees of fund
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(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…
O.C.G.A. § 34-9-384 General powers of board of trustees
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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 …
O.C.G.A. § 34-9-385 Bankruptcy of participants
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(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 …
O.C.G.A. § 34-9-41 Appointment and term of chairman of board
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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…
O.C.G.A. § 34-9-410 Legislative intent
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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…