GA Code § 34-9-40 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 2 - Administration|§ 34-9-40. State Board of Workers' Compensation Created; Appointment of Members; Powers and Duties of Board Generally

 There is created and established within the executive branch a board to be known as the State Board of Workers' Compensation, composed of three members who shall be appointed by the Governor for a term of four years. Each member shall hold office until his or her successor shall have been appointed and qualified. An individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he or she shall succeed. The board shall have full authority, power, and the duty to promulgate policies, rules, and regulations for the administration of this chapter. The board may promulgate policies, rules, and regulations concerning the electronic submission to and transmission from the board of documents and filings. Additionally, the board shall have full authority to conduct training seminars for the purpose of educating various employers as to their liability regarding workers' compensation claims. Such seminars may be paid for by the board through funding provided from sources other than appropriations made by the General Assembly. Excess funds generated through seminars may be amended into the board's operating budget as approved by the Office of Planning and Budget. Excess funds generated through seminars not amended into the board's operating budget, as determined by the state auditor, shall lapse to the Office of the State Treasurer.   (Ga. L. 1920, p. 167, § 50; Ga. L. 1922, p. 77, § 1; Ga. L. 1931, p. 7, § 108; Code 1933, § 114-701; Ga. L. 1937, p. 230, §§ 3, 5; Ga. L. 1943, p. 167, § 3; Ga. L. 1975, p. 198, § 5; Ga. L. 1988, p. 1679, § 4; Ga. L. 1996, p. 1291, § 7; Ga. L. 1997, p. 143, § 34; Ga. L. 2005, p. 1210, § 2/HB 327; Ga. L. 2010, p. 863, § 2/SB 296.)   Cross references.   - Reimbursement of Department of Law by board for legal services provided to board by assistant attorney general, and others, § 45-15-37.   Leave to appeal decision of State Board of Workers' Compensation, Rules of the Court of Appeals of the State of Georgia, Rule 40.   Law reviews.   - For annual survey of workers' compensation law, see 57 Mercer L. Rev. 419 (2005).   JUDICIAL DECISIONS    Board of Workers' Compensation is not a court at all, but an administrative body with only those powers and duties given it by statute. Bishop v. Weems, 118 Ga. App. 180, 162 S.E.2d 879 (1968).    Board is not a court authorized to render judgments on contracts or to render a declaratory judgment since the court merely determines the amount of compensation and the time of payment in accordance with the workers' compensation law. Fireman's Fund Ins. Co. v. Crowder, 123 Ga. App. 469, 181 S.E.2d 530 (1971).   Board is a mere creature of statute.    - Industrial Board (now Board of Workers' Compensation) is a mere creature of statute, brought into being by the legislature as an administrative body, and has no inherent powers and no lawful right to act except as directed by law. Milledgeville State Hosp. v. Clodfelter, 99 Ga. App. 49, 107 S.E.2d 289 (1959).    Board of Workers' Compensation is an administrative body. Plummer v. State, 90 Ga. App. 773, 84 S.E.2d 202 (1954).   Board has limited jurisdiction, power, and authority.    - Industrial Commission (now Board of Workers' Compensation) is not a court of general jurisdiction, nor even of limited common-law jurisdiction; it possesses only such jurisdiction, powers, and authority as are conferred upon it by the legislature, or such as arise therefrom by necessary implication to carry out the full and complete exercise of the powers granted to it. Gravitt v. Georgia Cas. Co., 158 Ga. 613, 123 S.E. 897 (1924); Globe Indem. Co. v. Lankford, 35 Ga. App. 599, 134 S.E. 357 (1926).    Department of Industrial Relations (now Board of Workers' Compensation) is purely an administrative body, created solely for the purpose of administering the workers' compensation law (see now O.C.G.A. § 34-9-1 et seq.); it possesses only such jurisdiction, powers, and authority as are conferred upon it by the legislature, or such as arise therefrom by necessary implication to carry out the full and complete exercise of the powers granted. Southern Cotton Oil Co. v. McLain, 49 Ga. App. 177, 174 S.E. 726 (1934).    Board of Workers' Compensation is an administrative body possessing only the power conferred upon it by statute to administer the workers' compensation law (see now O.C.G.A. § 34-9-1 et seq.). Wilson v. Maryland Cas. Co., 71 Ga. App. 184, 30 S.E.2d 420 (1944).    Board of Workers' Compensation is an administrative commission with such jurisdiction, powers, and authority as may be conferred upon it by the General Assembly. National Sur. Corp. v. Orvin, 209 Ga. 878, 76 S.E.2d 705 (1953).    Board of Workers' Compensation, being an administrative body clothed with quasi-judicial functions, has no power save that conferred on it by statute. Hyde v. Atlantic Steel Co., 112 Ga. App. 136, 144 S.E.2d 232 (1965).    Board of Workers' Compensation is an administrative body, and it possesses only the jurisdiction, power, and authority granted to it by the legislature. Robinson v. Zurich Ins. Co., 131 Ga. App. 795, 207 S.E.2d 209 (1974); Cotton States Ins. Co. v. Bates, 140 Ga. App. 428, 231 S.E.2d 445 (1976).   Board's administration confined to authorized activities.    - Although Department of Industrial Relations (now Board of Workers' Compensation) is charged by law with the responsibility of administering the workers' compensation law (see now O.C.G.A. § 34-9-1 et seq.), its administration must be confined to such activities as are expressly or impliedly authorized. Department of Indus. Relations v. Travelers' Ins. Co., 177 Ga. 669, 170 S.E. 883, answer conformed to, 47 Ga. App. 553, 171 S.E. 169 (1933).   Board not a corporation.    - Department of Industrial Relations (now Board of Workers' Compensation) is not endowed with the attributes of a corporation. Department of Indus. Relations v. Travelers' Ins. Co., 177 Ga. 669, 170 S.E. 883, answer conformed to, 47 Ga. App. 553, 171 S.E. 169 (1933).   Board is an agency of the state.    - Board of Workers' Compensation is not a natural person, partnership, or corporation, but an agency of the state; the state has not consented for the board to be sued, and an action cannot be maintained against the state without its consent. Cardin v. Riegel Textile Corp., 219 Ga. 695, 135 S.E.2d 284 (1964).   Board may not sue or be sued.    - Department of Industrial Relations (now Board of Workers' Compensation) is not such a legal entity as may sue and be sued. Department of Indus. Relations v. Travelers' Ins. Co., 177 Ga. 669, 170 S.E. 883, answer conformed to, 47 Ga. App. 553, 171 S.E. 169 (1933).   No authority in board to limit or restrict meaning of words.    - General Assembly has not conferred upon the Board of Workers' Compensation, or the chairman thereof, any authority to limit or restrict the generally approved and accepted meaning of words, phrases, and clauses of the English language. National Sur. Corp. v. Orvin, 209 Ga. 878, 76 S.E.2d 705 (1953).   Board did not have exclusive jurisdiction.    - State Board of Workers' Compensation did not have exclusive jurisdiction over medical care providers' claim against a network administrator as the breach of contract claim did not bear an ancillary relationship to the determination of the employees' statutory workers' compensation rights; rather, the claim alleged a systemic failure within the network. Aetna Workers' Comp Access, LLC v. Coliseum Med. Ctr., 322 Ga. App. 641, 746 S.E.2d 148 (2013).   Damage action not within jurisdiction of board.    - Action seeking damages against procurers of fraud, as opposed to an action seeking to set aside an order procured by fraud, does not lie within the jurisdiction of the Workers' Compensation Board. Cline v. Aetna Cas. & Sur. Co., 137 Ga. App. 76, 223 S.E.2d 14 (1975).   Jurisdiction applies to injuries occurring in state.    - Workers' compensation board has jurisdiction to award compensation when the injury occurs within the state regardless of the place of signing of the contract. Guinn v. Conwood Corp., 185 Ga. App. 41, 363 S.E.2d 271 (1987), cert. denied, 185 Ga. App. 910, 363 S.E.2d 271 (1988).   Enforcement of statutory provisions for cancellation of insurance.    - Workers' compensation board has the authority to enforce compliance with statutory provisions governing the cancellation of insurance policies in general. Pennsylvania Nat'l Mut. Cas. Ins. Co. v. O'Berry, 184 Ga. App. 606, 362 S.E.2d 157 (1987).    Cited in Thomas v. Macken, 37 Ga. App. 624, 141 S.E. 316 (1928); Stanley v. Sims, 185 Ga. 518, 195 S.E. 439 (1937); State Bd. of Educ. v. Board of Pub. Educ., 186 Ga. 783, 199 S.E.2d 641 (1938).   OPINIONS OF THE ATTORNEY GENERAL   Admission to practice of law.   - There is no statutory requirement that members of the Board of Workers' Compensation be admitted to the practice of law in this state; however, a resolution of the board declares as a matter of policy that deputy directors and the secretary-treasurer, before appointment, be admitted to the practice of law for at least three years. 1970 Op. Att'y Gen. No. 70-45.   Practice of law by board members or deputy directors.   - Members of the board or deputy directors are not prohibited from the practice of law; however, a resolution of the board declares its policy to be that all officials, personnel, and employees of the board shall devote their entire time to their duties, and shall not be engaged in any occupation or business interfering or inconsistent with such duties. 1970 Op. Att'y Gen. No. 70-45.   Salaries of board members and officials.   - State Personnel Board may receive power from General Assembly to fix salaries of the members of the Board of Workers' Compensation, the deputy directors, and secretary-treasurer of the board. 1970 Op. Att'y Gen. No. 70-45.   RESEARCH REFERENCES   C.J.S.   - 100 C.J.S., Workers' Compensation, § 830 et seq.   ALR.    - Remedy for enforcement of award made under Workmen's Compensation Act in case of injury to public officer or employee, 10 A.L.R. 190.   Handling, preparing, presenting, or trying workers' compensation claims or cases as practice of law, 58 A.L.R.5th 449.