---
title: O.C.G.A. § 34-9-362. Notice by employer or insurer of claim against fund; request for a hearing.
collection: code
id: 34-9-362
cite_as: O.C.G.A. § 34-9-362 (2025)
canonical_url: https://georgiacommons.org/code/34-9-362
md_url: https://georgiacommons.org/code/34-9-362.md
text_url: https://georgiacommons.org/code/34-9-362/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t34-(v26)-2017-pdf.pdf?sfvrsn=ba91129b_0#page=942
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/34-9.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: LABOR AND INDUSTRIAL RELATIONS / WORKERS’ COMPENSATION / SUBSEQUENT INJURY TRUST FUND
---

# O.C.G.A. § 34-9-362. Notice by employer or insurer of claim against fund; request for a hearing.

(a) An employer or insurer shall notify the administrator of the fund of any possible claim against the fund as soon as practicable, but in no event later than 78 calendar weeks following the injury or the payment of an amount equivalent to 78 weeks of income or death benefits, whichever occurs last.

(b) The claim must be filed in accordance with the requirements of subsection (a) of this Code section prior to the final settlement of the claim.

(c) Failure to comply with the provisions of subsections (a) and (b) of this Code section will constitute a bar to recovery from the Subsequent Injury Trust Fund.

(d) For those notices of claim filed with the fund on or before July 1, 2006, the employer or insurer shall have until June 30, 2009, to obtain a reimbursement agreement issued by the fund or the claim for reimbursement shall be deemed automatically denied.

(e) For those notices of claim filed with the fund after July 1, 2006, the employer or insurer shall have three years from the date the notice was received by the fund to obtain a reimbursement agreement issued by the fund or the claim for reimbursement shall be deemed automatically denied.

(f) Notwithstanding subsections (d) and (e) of this Code section, if compensability of the underlying workers’ compensation claim is at issue before the State Board of Workers’ Compensation, then the employer or insurer shall have three years from the date of final adjudication of compensability by the State Board of Workers’ Compensation or any appellate court to obtain a reimbursement agreement issued by the fund or the claim for reimbursement shall be deemed automatically denied.

(g) Upon actual or statutory automatic denial pursuant to subsection (d), (e), or (f) of this Code section, the employer or insurer shall have 20 days from the date of denial to request a hearing with the State Board of Workers’ Compensation pursuant to Code Section 34-9-100; otherwise recovery shall be barred.

## History

Code 1933, § 114-916, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1985, p. 1426, § 5; Ga. L. 2006, p. 898, § 1/HB 1405.