Georgia CommonsChapter 9. WORKERS’ COMPENSATION
230 sections · 34-9-1 to 34-9-432
Article 1. GENERAL PROVISIONS
- 34-9-1Definitions.
- 34-9-2Applicability of chapter to employers and employees — Generally.
- 34-9-2.1Exemption of corporate officers; limitation.
- 34-9-2.2Eligibility of sole proprietor or partner for workers’ compensation insurance.
- 34-9-2.3Election to provide workers’ compensation coverage to farm laborers.
- 34-9-2.4Work based learning students covered under workers’ compensation insurance.
- 34-9-3Applicability of chapter to employers and employees — Public employees generally.
- 34-9-4Applicability of chapter to employers and employees — Employees of planning commissions.
- 34-9-5Applicability of chapter to employers and employees — Pilots under contract to State Forestry Commission.
- 34-9-6Retroactive inclusion of state and departments in definition of ‘‘employer’’; resumption of payments of awards previously discontinued.
- 34-9-7Presumption of applicability of chapter to contracts between employers and employees covered by chapter.
- 34-9-8Liability of principal contractor or subcontractor for employee injuries.
- 34-9-9Relief from penalty for failure or neglect to perform statutory duty.
- 34-9-10Relief of employer from obligations under chapter.
- 34-9-11Exclusivity of rights and remedies granted to employee under chapter; immunity granted to construction design professionals.
- 34-9-11.1Employee’s or survivor’s right of action against person other than employer; subrogation lien of employer; rights of employer or insurer upon failure of employee to bring action; attorney fees; retroactive application.
- 34-9-12Employer’s record of injuries; availability of board records; supplementary report on termination of disability; penalties; routine reports.
- 34-9-13Persons presumed next of kin; apportionment of payments among partial and total dependents; termination of dependency.
- 34-9-14Provision of substitute systems of compensation; approval by board; grounds and procedure for termination.
- 34-9-15Procedure for settlement between parties generally; approval by board; finality of settlement; lump sum settlements.
- 34-9-16Settlement of questions if approved agreement cannot be reached.
- 34-9-17Grounds for denial of compensation; burden of proof in establishing grounds for denial.
- 34-9-18Civil penalties; costs of collection.
- 34-9-19Penalty for false or misleading statements when obtaining or denying benefits.
- 34-9-20Giving of false evidence to board member.
- 34-9-21Penalty for receiving unentitled to benefits.
- 34-9-22Penalty for receipt of unapproved fees or for solicitation of employment for lawyer or physician.
- 34-9-23Liberal construction of chapter; purpose.
- 34-9-24Fraud and compliance unit; creation and duties; limitation on liability; authority; whistle blower protection.
- 34-9-25Patient self-referral.
- 34-9-26Required notice regarding injured peace officers.
Article 1A. WORKERS’ COMPENSATION TRUTH IN ADVERTISING ACT
Article 2. ADMINISTRATION
- 34-9-40State Board of Workers’ Compensation created; appointment of members; powers and duties of board generally.
- 34-9-40.1Workers’ Compensation Advisory Council; appointment and terms of members; chairman; duties; service without compensation.
- 34-9-41Appointment and term of chairman of board.
- 34-9-42Qualifications and roles of members.
- 34-9-43Oath of office of members.
- 34-9-44Bond of members.
- 34-9-45Removal of members.
- 34-9-46Quorum.
- 34-9-47Trial division and appellate division created; composition; sessions.
- 34-9-48Designation of members as appellate administrative law judges.
- 34-9-48.1Senior administrative law judge of the board.
- 34-9-49Appointment and removal of executive director.
- 34-9-50Appointment of secretary-treasurer; employment of clerical and other assistants; payment of salaries and expenses of members, deputy directors, and assistants.
- 34-9-51Payment by state of traveling expenses of members, administrative law judges, and assistants.
- 34-9-52Officials, personnel, and employees subject to State Personnel Board; compensation of board members and administrative law judges.
- 34-9-53Directors emeritus of board — Eligibility for appointment; procedure for appointment.
- 34-9-54Directors emeritus of board — Term of office; compensation.
- 34-9-55Directors emeritus of board — Duties.
- 34-9-56Directors emeritus of board — Filling of board vacancies caused by appointment of director emeritus.
- 34-9-57Creation of administrative law judge emeritus of board; eligibility for appointment; manner of appointment; compensation.
- 34-9-58Powers and duties of board as to enforcement of chapter generally.
- 34-9-59Adoption of rules of procedure.
- 34-9-60Rule-making and subpoena powers; service and enforcement of subpoenas.
- 34-9-61Publication of blank forms and literature; publication of tabulations of accident reports.
- 34-9-62Limitations on authority of Commissioner of Labor with respect to officers or employees of board.
- 34-9-63Proration of board’s expenses; required annual reports and statements; audit of board; collection of delinquent assessments.
Article 3. PROCEDURE · Part 1. CLAIMS AND NOTICE OF ACCIDENT
- 34-9-80Procedure for giving notice of accident; requirements of written notice; effect of failure to give notice.
- 34-9-81Contents of written notice; manner of delivery.
- 34-9-81.1Board’s duty to provide injured workers with notice of rights, benefits, and obligations.
- 34-9-82Limitation period and procedure for filing claims.
- 34-9-83Priority of claims.
- 34-9-84Assignability of claims.
- 34-9-85Claim by guardian or trustee of mental incompetent or minor.
- 34-9-86Applicability of time limits to mental incompetents, minors, and persons proceeding against defunct corporations.
Article 3. PROCEDURE · Part 2. HEARING AND APPEALS
- 34-9-100Filing of claims with board; investigation or mediation; hearing; dismissal of stale claims.
- 34-9-101Appointment of physician to examine injured employee; payment of fee and expenses of examining physician.
- 34-9-102Hearing before administrative law judge.
- 34-9-103Appeal of decision; remand; reconsideration, amendment, or revision of award.
- 34-9-104Modification of award or order contained in prior decision in event of change in condition.
- 34-9-105When award deemed final; appeal to superior court; grounds for setting aside decisions; appeal to Court of Appeals.
- 34-9-106Entry and execution of judgment on settlement agreement, final order or decision, or award; modification and revocation of orders and decrees.
- 34-9-107Interest payable on final award of board in the event of appeal.
- 34-9-108Approval of attorney’s fees by board; assessment of fees against the offending party; restrictions on attorney advertisement and division of fees; payment of fees or expenses.
Article 4. INSURANCE OF COMPENSATION LIABILITY GENERALLY
- 34-9-120Employer’s duty to insure payment of compensation.
- 34-9-121Duty of employer to insure in licensed company or association or to deposit security, indemnity, or bond as self-insurer; application to out-of-state employers; membership in mutual insurance company.
- 34-9-122Type of insurance policy to be issued; promulgation of rules and regulations when accident prevention and safety engineering are questioned.
- 34-9-122.1Workers’ compensation health benefits pilot projects.
- 34-9-123Policy provisions regarding effect of notice or knowledge by insured employer as to occurrence of injury.
- 34-9-124Policy or contract of insurance to contain agreement of insurer to pay compensation; payment of compensation when employer or employee exempt from provisions of chapter.
- 34-9-124.1Optional deductibles to be offered by insurers.
- 34-9-124.2Restrictions on requirements requiring recipients of benefits to utilize out-of-state mail order pharmacy services.
- 34-9-125Insurance policies subject to chapter; approval of policy or contract forms by board; exceptions.
- 34-9-126Filing by employer of evidence of compliance with insurance requirements; assessment of attorney’s fees and increased compensation against employer who fails to file.
- 34-9-127Issuance by board of certificate of self-insurance; review; revocation.
- 34-9-128Inspection of place of employment and injury records; penalty for noncompliance.
- 34-9-129Furnishing of bond by insurance companies doing workers’ compensation business in state; bringing of actions upon bond; posting of security in lieu of bond.
- 34-9-130Authority of Commissioner of Insurance to investigate rates; assistance by board in investigations.
- 34-9-130.1Policies or contracts of insurance against liability for compensation under this chapter.
- 34-9-131Insurer permit requirement; claim office within state.
- 34-9-132Grounds for revocation of insurance carrier’s permit.
- 34-9-133Apportionment and assignment of rejected risks; Workers’ Compensation Assigned Risk Insurance Plan; merit rating plan.
- 34-9-134Appeals from decisions under Code Sections 34-9-122 and 34-9-131 through 34-9-133.
- 34-9-135Disclosure of costs by insurer.
- 34-9-136Statistical data submitted by insurance company to rating organization; verification by employer; issuance of experience modification worksheets to insured.
- 34-9-137Considerations in employer’s experience modification factor.
- 34-9-138Consideration of employer’s experience while self-insured.
Article 5. GROUP SELF-INSURANCE FUNDS
- 34-9-150Purpose of article.
- 34-9-151Definitions.
- 34-9-151.1Eligibility for establishing a fund.
- 34-9-151.2Filing of intent to form fund; notice of intent to refuse to issue certificate of authority.
- 34-9-152Application to Commissioner for certificate of authority to create fund; contents of application; filing fee; membership of fund.
- 34-9-153Issuance of certificate of authority; grounds for denial or revocation; annual renewal fee.
- 34-9-154Compliance with workers’ compensation obligations by participation in fund.
- 34-9-155License required for solicitation of membership or participation in fund; procedure for admission of new members; underwriting criteria.
- 34-9-156Voluntary termination of members; grounds and procedure for involuntary termination of membership; effect of voluntary or involuntary termination on obligations.
- 34-9-157Boards of trustees — Appointment of members.
- 34-9-158Boards of trustees — Powers.
- 34-9-159Annual reports of affairs and operations of funds; additional periodic reports; verification of reports; compliance condition for renewal of certificates.
- 34-9-160Method of determining financial condition and solvency of a fund and financial capacity of fund to pay obligations.
- 34-9-161Securities deposit; excess loss funding program.
- 34-9-162Maintenance of surplus and expendable surplus; waiver of surplus requirements; return of surplus to members of fund.
- 34-9-163Investment of assets; maintenance of loss reserves.
- 34-9-164Payment 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.
- 34-9-165Requirements as to contracts between funds and administrators not employed by funds.
- 34-9-166Fiduciary responsibilities of trustees, officers, or administrators of moneys.
- 34-9-167Bond, liability insurance, and resident office of administrator.
- 34-9-168Grounds and procedure for restraining transaction of business by fund or administrator; appointment of receivers; criminal prosecution.
- 34-9-169Revocation and suspension of certificates of authority; probation and fine; voluntary dissolution or termination of functions.
- 34-9-170Taxes — Imposition; deductions, reductions, abatements, and credits.
- 34-9-171Tax exemption.
- 34-9-172Examinations by Commissioner to verify solvency of funds.
- 34-9-173Remedy of deficiencies in surplus or reserve; initiation of insolvency proceedings; assessments upon liquidation.
- 34-9-174Promulgation of rules and regulations.
- 34-9-175Hearings or other proceedings for aggrieved parties.
- 34-9-176Service of process; venue of actions.
- 34-9-177Funds not to be deemed insurers.
- 34-9-178Construction of article.
- 34-9-179Application of Chapter 6 of Title 33 to funds; enforcement by Commissioner.
- 34-9-180Officials of funds prohibited from having pecuniary interests in transactions; exceptions.
- 34-9-181Administrative fines, probation, or additional penalties.
- 34-9-182Deadline for compliance.
Article 6. PAYMENT OF COMPENSATION · Part 1. MEDICAL ATTENTION
- 34-9-200Compensation for medical care, artificial members, and other treatment and supplies; effect of employee’s refusal of treatment; employer’s liability for temporary care.
- 34-9-200.1Rehabilitation benefits; effect of employee’s refusal of treatment; rehabilitation suppliers; catastrophic injury cases.
- 34-9-201Selection of physician from panel of physicians; change of physician or treatment; liability of employer for failure to maintain panel.
- 34-9-202Examination of injured employee; request for autopsy; examination by physician designated by employee.
- 34-9-203Employer’s pecuniary liability for medical charges; liability for medical malpractice; payment of reasonable charges; defense for failure to make payments; penalties.
- 34-9-204Compensation where death or disability caused by nonwork related injury.
- 34-9-205Board approval of physician’s fees, hospital, and other charges; collection of fees; schedule of charges; filing costs for peer review.
- 34-9-206Reimbursement for costs of medical treatment.
- 34-9-207Employee’s waiver of confidentiality of communications with physician; release for medical records and information; refusal to sign release.
- 34-9-208Certification of managed health care providers.
Article 6. PAYMENT OF COMPENSATION · Part 2. METHOD OF PAYMENT
- 34-9-220Period of incapacity preceding payment of compensation.
- 34-9-221Procedure; payment controverted by employer; delinquency charge; enforcement.
- 34-9-222Lump sum payments of all or part of compensation generally.
- 34-9-223Lump sum payments to trustees.
- 34-9-224Payment of compensation to employees in service of more than one employer.
- 34-9-225Effect of written receipt of widow or widower, minor, or guardian upon liability of employer; determination of obligation of employer to rival claimants.
- 34-9-226Appointment of guardian for minor or incompetent claimant.
Article 6. PAYMENT OF COMPENSATION · Part 3. LIMITATIONS ON PAYMENT
- 34-9-240Effect of refusal of suitable employment by injured employee; attempting or refusing to attempt work with restrictions.
- 34-9-241Effect of subsequent injury on compensation.
- 34-9-242Compensation for injury outside of state.
- 34-9-243Effect of payments made when not due; employer credit or reduction for employer funded payments pursuant to disability plan.
- 34-9-244Reimbursement of provider of disability benefits to person who subsequently files claim.
- 34-9-245Repayment of overpayment by claimant.
Article 7. COMPENSATION SCHEDULES
- 34-9-260Basis and method for computing compensation generally.
- 34-9-261Compensation for total disability.
- 34-9-262Compensation for temporary partial disability.
- 34-9-263Compensation for permanent partial disability.
- 34-9-264Compensation for loss of hearing caused by harmful noise; procedure for measuring degree of hearing impairment; eligibility for compensation; liability of employer.
- 34-9-265Compensation for death resulting from injury and other causes; penalty for death from injury proximately caused by intentional act of employer; payment of death benefits where no dependents found.
- 34-9-266Payment of compensation for time loss, disability, or death resulting from hernia.
Article 8. COMPENSATION FOR OCCUPATIONAL DISEASE · Part 1. GENERAL PROVISIONS
- 34-9-280Definitions.
- 34-9-281Prerequisites to compensation for occupational disease.
- 34-9-282Payment of medical and burial expenses of claimants.
- 34-9-283Applicability to occupational diseases of provisions of Code Section 34-9-263 regarding permanent partial industrial disabilities.
- 34-9-284Liability of last employer; compensation based on average weekly wage.
- 34-9-285Noncompensable disease or infirmity.
- 34-9-286Payment of compensation to persons whose relationship with employee arises after disability.
- 34-9-287Applicability of article to occupational diseases in which last injurious exposure occurred before April 30, 1946.
- 34-9-288Applicability of provisions of chapter to article.
- 34-9-289Exclusive liability of employer for employee’s death or disability from occupational disease.
- 34-9-290Reporting of hazardous occupations and cases of occupational disease to Department of Human Resources.
- 34-9-291Effect of false representations by employee regarding previous disability from or compensation for occupational disease.
- 34-9-292Payment of expenses of board.
Article 8. COMPENSATION FOR OCCUPATIONAL DISEASE · Part 2. MEDICAL BOARD
- 34-9-310Resolution of medical questions resulting from claims for compensation.
- 34-9-311Investigation of medical questions by medical board; hearing before medical board; examination of employee by physician; autopsy to determine cause of death; filing of report of medical board with State Board of Workers’ Compensation.
- 34-9-312Promulgation of rules and regulations by medical board as to making of examinations and autopsies; determination of location of examinations; procedure by medical board in conducting medical investigations; reporting of investigations to full medical board and to State Board of Workers’ Compensation; reporting of final decision of medical board; procedure by parties for appealing final decision; rendering of decision by board on appeal; conclusiveness of medical board’s decisions as to medical questions.
- 34-9-313Power to compel attendance of witnesses and production of records.
Article 8. COMPENSATION FOR OCCUPATIONAL DISEASE · Part 3. SPECIAL PROVISIONS REGARDING SILICOSIS AND ASBESTOSIS
- 34-9-330 to 34-9-335(no catchline printed)
Article 9. SUBSEQUENT INJURY TRUST FUND
- 34-9-350Purpose and construction of article.
- 34-9-351Definitions.
- 34-9-351.1Exclusion from eligibility for reimbursement of certain self-insured employers.
- 34-9-352Creation and authority of Subsequent Injury Trust Fund; state treasurer as custodian.
- 34-9-353Surety bonds of administrator and custodian.
- 34-9-354Creation and appointment of board of trustees; duties; term of office of members and chairman; oath of office.
- 34-9-355Appointment of administrator; administration of article; members of retirement system.
- 34-9-356Payment of travel expenses of board members, administrator, and employees; per diem allowance of board members.
- 34-9-357Payment of costs of administration; submission and approval of annual budget; audit of funds.
- 34-9-358Payment of assessments to fund by insurers and self-insurers; calculations.
- 34-9-359Reports by employers of compensation and benefits paid; failure to pay assessments.
- 34-9-360Reimbursement of employer or insurer for subsequent injury compensation payments; amounts of and prerequisites to reimbursement from fund.
- 34-9-361Employer’s knowledge of employee’s preexisting permanent impairment.
- 34-9-362Notice by employer or insurer of claim against fund; request for a hearing.
- 34-9-363Agreements for reimbursement from fund; hearing by State Board of Workers’ Compensation in absence of agreement; compromise settlements.
- 34-9-363.1Duty to notify administrator of proposed settlement agreements after reimbursement agreement has been reached; approval of such settlement agreements.
- 34-9-364Apportionment or denial of reimbursement for expenses paid by employer or insurer.
- 34-9-365Injuries to which article is applicable.
- 34-9-366Binding of fund to questions determined in proceedings to which it was not a party.
- 34-9-367Liability of fund for interest or attorney’s fees.
- 34-9-368Reimbursement of self-insured employers or insureds; actuarial study required; dissolution of Subsequent Injury Trust Fund.
Article 10. SELF-INSURERS GUARANTY TRUST FUND
- 34-9-380Purpose of article.
- 34-9-381Definitions.
- 34-9-382Establishment of Self-insurers Guaranty Trust Fund; use of fund; application to be accepted in fund.
- 34-9-383Membership of board of trustees of fund.
- 34-9-384General powers of board of trustees.
- 34-9-385Bankruptcy of participants.
- 34-9-386Assessment of participants; liability of fund and participants for claims; revocation of participant’s authority to be self-insured.
- 34-9-387Reimbursement and security deposit from participant for compensation obligations.
- 34-9-388Reports of participant’s insolvency; participant’s audits; review of applications for self-insurance and recommendations thereon.
- 34-9-389State absolved of responsibility for debts incurred under fund.
Article 11. DRUG-FREE WORKPLACE PROGRAMS
- 34-9-410Legislative intent.
- 34-9-411Definitions.
- 34-9-412Insurance premium discount.
- 34-9-412.1Certification.
- 34-9-413Elements of program; applicable confidentiality standards.
- 34-9-414Notice of testing; written policy statement.
- 34-9-415Conduct of testing; types of tests; random testing; procedures for specimen collection and testing; laboratory qualifications, procedures, and reports; confirmation tests.
- 34-9-416Employee Assistance Programs.
- 34-9-417Education program on substance abuse.
- 34-9-418Supervisor training on substance abuse.
- 34-9-419Physician-patient relationship not created; authorized work rules; applicability of article; medical screening or other tests authorized; employer not required to establish program.
- 34-9-420Confidentiality of information.
- 34-9-421Rules and regulations.