Title 34

(a) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Commissioner, the board of review, the chief administrative hearing officer, or their duly authorized representatives or in obedie…

(a) Any person who has received any sum as benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled or while the person was disqualified from receiving benefits shall, in the discretion of the Commissioner: (1) Be lia…

Any person who knowingly makes a false statement or misrepresentation as to a material fact or who knowingly fails to disclose a material fact to obtain or increase benefits under this chapter, either for himself or herself or for any other person, or who knowingly accepts benefi…

(a) Any person who knowingly makes a false representation or knowingly fails to disclose a material fact to obtain or increase any benefit or payment under this chapter or under an employment insurance act of any other state or government, either for himself or herself or for any…

This article shall be known and may be cited as the ‘‘Unemployment Tax Amnesty Program.’’ (Code 1981, § 34-8-270, enacted by Ga. L. 1994, p. 837, § 1.)

The General Assembly finds and declares that a public purpose is served by the waiver of interest on unemployment tax, penalties, and criminal prosecution in return for the immediate reporting and payment of previously underreported, unreported, or unpaid unemployment contributio…

As used in this article, the term: (1) ‘‘Accounts receivable’’ means an amount of unemployment contribution, tax, administrative assessment, reimbursement in lieu of contributions, penalty, or interest which has been recorded as due and entered in the account records or any ledge…

(a) The Commissioner shall develop and administer a one-time unemployment tax amnesty program as provided in this article. The Commissioner shall, upon the voluntary return and remission of unemployment taxes and interest owed by any employer, waive all penalties that are assesse…

(a) The provisions of this article shall apply to any eligible employer who files an application for amnesty within the time prescribed by the Commissioner and does the following: (1) Files such returns as may be required by the Commissioner for all years or tax reporting periods…

(a) Amnesty shall be granted for any employer who meets the requirements of Code Section 34-8-274 in accordance with the following: (1) For unemployment taxes which are owed as a result of the nonreporting or underreporting of unemployment tax liabilities or the nonpayment of any…

All installment agreements authorized under subsection (c) of Code Section 34-8-274 shall bear interest on the outstanding amount of unemployment tax due at the rate prescribed under Code Section 34-8-166. (Code 1981, § 34-8-276, enacted by Ga. L. 1994, p. 837, § 1.)

The Commissioner shall promulgate administrative regulations as necessary, issue forms and instructions, and take all actions necessary to implement the provisions of this article. The Commissioner shall publicize the unemployment tax amnesty program in order to maximize the publ…

For purposes of accounting for the unemployment contributions received pursuant to this chapter, the Commissioner shall maintain an accounting and reporting of funds collected under the amnesty program. All contributions or reimbursements in lieu of contributions collected shall …

(a) In addition to all other penalties provided under this chapter or any other law, the Commissioner may by regulation impose after the expiration of the unemployment tax amnesty period a cost of collection fee of 20 percent of any deficiency assessed for any taxable period endi…

The Commissioner may, for the purpose of collecting any delinquent unemployment tax due from an employer, contract with any debt collection agency or attorney doing business within or outside this state for the collection of such delinquent unemployment tax, including penalties a…

brance of right to benefits void; benefits exempt; waiver of exemption void. Obedience to subpoena required; self-incrimination; quashing, modification, or withdrawal of subpoena. Overpayments. Effect of false statements and misrepresentations made to obtain or increase benefits.…

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…

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. …

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…

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,…

(a) When the injury or death for which compensation is payable under this chapter is caused under circumstances creating a legal liability against some person other than the employer, the injured employee or those to whom such employee’s right of action survives at law may pursue…

(a) Every employer subject to the provisions of this chapter relative to the payment of compensation shall hereafter keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment on blanks approved by the board. Within ten days aft…

(a) As used in this Code section, the term: (1) ‘‘Child’’ includes dependent stepchildren, legally adopted children, posthumous children, and acknowledged children born out of wedlock but does not include married children; and (2) ‘‘Parent’’ includes stepparents and parents by ad…

(a) Subject to the joint approval of the board and the Commissioner of Insurance, any employer may enter into or continue any agreement with its employees to provide a system of compensation, benefit, or insurance in lieu of the compensation and insurance provided by this chapter…

(a) Nothing contained in this chapter shall be construed so as to prevent settlements made by and between the employee and employer but rather to encourage them, so long as the amount of compensation and the time and manner of payment are in accordance with this chapter. A worker…

All questions arising under this chapter shall be determined by the trial division and the appellate division of the board if the interested parties cannot reach an agreement which is approved by the board. (Ga. L. 1920, p. 167, § 64; Code 1933, § 114-715; Ga. L. 1992, p. 1942, §…

Pine Knoll NursWillful 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 employee r…

(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…

Any person, firm, or corporation who willfully makes any false or misleading statement or representation for the purpose of obtaining or denying any benefit or payment under this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of…

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…

Inmates or persons participating in a work release program, community service program, or similar program as part of the punishment for violation of a municipal ordinance pursuant to Code Section 36-32-5 or a county ordinance or a state law shall not be deemed to be an employee w…

Any sole proprietor or partner of a business whose employees are eligible for benefits under this chapter may elect to be included as an employee under the workers’ compensation insurance coverage of such business if he is actively engaged in the operation of the business and if …

Notwithstanding the provisions of subsection (a) of Code Section 34-9-2, relative to the exempt status of individuals employed as farm laborers, an employer of farm laborers may elect to provide workers’ compensation coverage to individuals employed as farm laborers by giving wri…

(a) As used in this Code section, the term: (1) ‘‘Work based learning placement’’ or ‘‘placement’’ shall have the same meaning as in Code Section 34-9-430. (2) ‘‘Work based learning student’’ or ‘‘student’’ shall have the same meaning as in Code Section 34-9-430. (b) Notwithstand…

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…

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…

Any physician, attorney, or hospital which receives any fee, other consideration, or any gratuity on account of services rendered under this chapter, unless such consideration or gratuity is approved by the board or, upon appeal, by the superior court, or any person who makes it …

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…

(a) There is established within the office of the State Board of Workers’ Compensation a fraud and compliance unit. This unit shall assist the chairperson in administratively investigating allegations of fraud and noncompliance and in developing and implementing programs to preve…

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 contractor in relationship to an employer was entitled to coverage under the workers’ compensation law (see now O.C.G.A. § 3…

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…

Neither any municipal corporation within the state, nor any political subdivision of the state, nor any employee of any such corporation or subdivision shall have the right to reject the provisions of this chapter relative to payment and acceptance of compensation; and Code Secti…

(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 …

(a) Any advertiser who violates Code Section 34-9-31 is guilty of a misdemeanor and may be subject to a fine of not less than $1,000.00 nor more than $10,000.00 for each violation. (b) For the purposes of this article, ‘‘advertiser’’ means any person who provides workers’ compens…

Lumley Drywall, 200 Ga. App. 703, 409 S.E.2d 254, cert. denied, 200 Ga. App. 897, 409 S.E.2d 254 (1991). Knowledge of preexisting permanent impairment. — If the evidence shows to the satisfaction of the board that a sole proprietor/employer hired oneself with knowledge of the pro…