HB1128: HB1128 State Board of Workers' Compensation; notice of eligibility for compensation to an injured employee to his or her legal guardian; provide

26 LC 48 1688-EC/AP House Bill 1128 (AS PASSED HOUSE AND SENATE) By: Representatives Seabaugh of the 34th, Gambill of the 15th, Wade of the 9th, Werkheiser of the 157th, Bonner of the 73rd, and others A BILL TO BE ENTITLED AN ACT To amend Code Section 34-9-26 of the Official Code of Georgia A nnotated, relating to1 required notice regarding injured peace officers, so as to prov ide that the State Board of2 Workers' Compensation shall provide for notice of eligibility for compensation to an injured3 employee to his or her legal guardian; to amend Code Section 35-1-24 of the Official Code4 of Georgia Annotated, relating to peace officers eligible for i ndemnification or disability5 compensation and notifications, so as to provide that law enforcement agencies shall provide6 notice of eligibility for compensation to an injured employee to his or her legal guardian; to7 amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated,8 relating to the Georgia State Indemnification Fund, so as to pr ovide for an application9 window for eligible individuals incapacitated by organic brain damage sustained in the line10 of duty on or before July 1, 2024; to provide for automatic rep eal; to provide for related11 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 SECTION 1.14 Code Section 34-9-26 of the Official Code of Georgia Annotated, relating to required notice15 regarding injured peace officers, is amended by revising subsection (b) as follows:16 H. B. 1128 - 1 - 26 LC 48 1688-EC/AP "(b) In the event that the State Board of Workers' Compensation has reasonable cause to17 believe that an injured employee is an eligible peace officer, the board shall notify the18 Department of Administrative Services. Additionally, the board shall notify the injured19 employee or his or her legal guardian of such belief and such notification shall include such20 appropriate contact information of the Georgia State Indemnific ation Fund and the21 temporary disability compensation program of Parts 1 and 2, respectively, of Article 5 of22 Chapter 9 of Title 45 and other information as shall be determi ned necessary by the23 Department of Administrative Services through the promulgation of rules and regulations."24 SECTION 2.25 Code Section 35-1-24 of the Official Code of Georgia Annotated, relating to peace officers26 eligible for indemnification or disability compensation and not ifications, is amended by27 revising subsection (b) as follows:28 "(b) Each law enforcement agency of this state shall notify eve ry employee whom such29 agency has reasonable cause to believe may be an eligible peace officer, or his or her legal30 guardian, of the existence of the Georgia State Indemnification Fund and the temporary31 disability compensation program of Parts 1 and 2, respectively, of Article 5 of Chapter 932 of Title 45. Such notification shall be given within ten days of such employee suffering33 an injury which may reasonably cause such employee to suffer a permanent or temporary34 disability. Additionally, such notification shall include such appropriate contact and other35 information as shall be determined necessary by the Department of Administrative Services36 through the promulgation of rules and regulations."37 SECTION 3.38 Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Co de of Georgia Annotated,39 relating to the Georgia State Indemnification Fund, is amended by adding a new Code40 section to read as follows:41 H. B. 1128 - 2 - 26 LC 48 1688-EC/AP "45-9-86.1.42 (a) Notwithstanding subsection (d) of Code Section 45-9-86, a public safety officer or his43 or her legal guardian may submit an application for indemnification with respect to a claim44 for total permanent disability between July 1, 2026, and August 1, 2026, when:45 (1) The total permanent disability is due to organic brain dam age incurred by a public46 safety officer in the line of duty on or before July 1, 2024; and47 (2) The organic brain damage incurred required extended recovery such that it impaired48 the capacity of the public safety officer to the extent it prev ented his or her ability to49 make an application for indemn ification within the time required by subsection (d) of50 Code Section 45-9-86.51 (b) An application submitted under this Code section shall be accompanied by52 documentation prescribed by the department to demonstrate the p ublic safety officer53 satisfies the requirements of subsection (a) of this Code section.54 (c) This Code section shall stand repealed on July 1, 2030."55 SECTION 4.56 This Act shall become effective on July 1, 2026.57 SECTION 5.58 All laws and parts of laws in conflict with this Act are repealed.59 H. B. 1128 - 3 -