reglab/housing_qa huggingface dataset:
GA Code § 34-9-354 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-354. Creation and Appointment of Board of Trustees; Duties; Term of Office of Members and Chairman; Oath of Office

  There is created a Board of Trustees of the Subsequent Injury Trust Fund composed of five members who shall serve for a term of six years each. One member shall be selected from each of the following fields: the insurance industry; rehabilitation professionals; management; labor; and the public at large. The Commissioner of Insurance and the executive director of the State Board of Workers' Compensation shall be ex officio members of the board of trustees. The ex officio members shall serve without compensation in an advisory capacity only.   The board of trustees shall be appointed by the Governor, and each member shall serve until his successor is appointed and qualified.   One member shall be appointed for a period of two years, one member for a period of three years, one member for a period of four years, one member for a period of five years, and one member for a period of six years. Thereafter, each member shall be appointed for a full term of six years or the remainder of an unexpired term.   The duties of the board of trustees shall include, but not necessarily be limited to, the:   Appointment of the administrator of the fund and the setting of the compensation of the administrator;   Establishment of policies, procedures, rules, and regulations incidental to the fund's operations; and   Approval of the administrative budget of the fund.     The board of trustees shall elect one of its members as chairman, who shall serve for a period of two years.   The members of the board of trustees shall be required to take and subscribe before the Governor an oath to discharge the duties of their office faithfully and impartially. This oath shall be in addition to the oath required of all civil officers.    (Code 1933, §§ 114-903, 114-904, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1982, p. 3, § 34; Ga. L. 1988, p. 468, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, "Commissioner of Insurance" was substituted for "Insurance Commissioner" in the third sentence of subsection (a).
GA Code § 34-9-355 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-355. Appointment of Administrator; Administration of Article; Members of Retirement System

  The board of trustees shall appoint the administrator of the fund, and he or she shall serve at the pleasure of the trustees and without term of office. All officials, personnel, and employees of the Board of Trustees of the Subsequent Injury Trust Fund are placed in the classified service as defined by Code Section 45-20-2 unless otherwise excluded by law; provided, however, that except for purposes of determining compensation, the administrator shall not be in the classified service.   The administrator shall administer this article under such policies and rules and regulations as may be adopted by the trustees and shall be authorized to hire such personnel as may be necessary to carry out the purposes of the fund.   All employees of the fund shall be deemed to be employees of the state and, as such, members of the Employees' Retirement System of Georgia.    (Code 1933, § 114-908, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1979, p. 891, §§ 1, 2; Ga. L. 1982, p. 3, § 34; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-44/HB 642.)   Editor's notes.   - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.   Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."
GA Code § 34-9-356 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-356. Payment of Travel Expenses of Board Members, Administrator, and Employees; per Diem Allowance of Board Members

  The members of the board of trustees, the administrator, and the employees of the fund shall be entitled to receive their actual necessary expenses while traveling on the business of the fund, but the expenses shall be sworn to by such person incurring the same.   The expenses of members of the board of trustees shall be approved by the chairman of the board of trustees, and the expenses of the employees of the fund shall be approved by the administrator.   The members of the board of trustees shall receive a per diem for each day that the board of trustees is in session which is equal to the per diem allowance paid to members of the General Assembly. The per diem allowance of the members of the board of trustees shall be paid from the operating budget of the administrator.    (Code 1933, § 114-906, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1985, p. 1426, § 2.)
GA Code § 34-9-357 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-357. Payment of Costs of Administration; Submission and Approval of Annual Budget; Audit of Funds

  The entire cost of the administration of the fund shall be paid from the assets of the fund.   The administrator shall annually submit to the board of trustees, under such rules and regulations as the board of trustees may prescribe, a budget of the costs of administration of the fund for the fiscal year. The board of trustees shall submit the proposed budget to the Office of Planning and Budget for comment prior to approval.   Upon approval by the board of trustees, a copy of the operating budget shall be filed with the custodian of the fund who, on July 1, shall transfer to the administrator's operating account such funds as are required by the budget less any amounts remaining in the operating account from prior years.   Funds held by the administrator in the operating account shall not in any way be deemed to be appropriated funds but shall be audited annually in the manner provided for other state departments and agencies.    (Code 1933, § 114-905, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1982, p. 3, § 34.)
GA Code § 34-9-359 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-359. Reports by Employers of Compensation and Benefits Paid; Failure to Pay Assessments

  As soon as practicable after January 1 but not later than January 31 of each calendar year, the administrator shall forward to each insurer and self-insured employer a questionnaire asking for the total amount of compensation, medical benefits, and rehabilitation benefits paid by each insurer and self-insured employer during the preceding calendar year. This report is to be completed and returned to the administrator no later than March 1 of the same calendar year in which the request for this information is submitted. Failure to submit the report to the administrator of the fund by March 1 shall result in an automatic penalty of $50.00 per day for each day the report is delinquent or 10 percent of the assessment, whichever is greater. This penalty will be added to the assessment.   Any assessment levied or established in accordance with this article in a specified amount as may be determined pursuant to this article shall constitute a personal debt of every employer or insurer so assessed and shall be due and payable to the Subsequent Injury Trust Fund when payment is called for by the administrator. In the event of failure to pay any assessment upon the date determined by the administrator, the administrator may file a complaint for collection against the employer or insurer in a court of competent jurisdiction.   In the event any employer or insurer duly assessed fails to pay to the administrator on behalf of the Subsequent Injury Trust Fund the amount so assessed on or before the date specified by the administrator, the administrator is authorized to add to the unpaid assessment an amount not exceeding 10 percent of the unpaid assessment and reasonable attorney's fees to defray the cost of enforcing collection.    (Code 1933, § 114-909, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1985, p. 1426, § 3.)   OPINIONS OF THE ATTORNEY GENERAL   When "payment" occurs.   - Although the employer issued its check the day before the assessment was due, the mere fact that the check was written or in the mail will not support a claim that "payment" occurred prior to the time it was received; actual physical delivery of the assessment amount must control. 1986 Op. Att'y Gen. No. 86-39.
GA Code § 34-9-361 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-361. Employer's Knowledge of Employee's Preexisting Permanent Impairment

 It shall be incumbent upon the employer to establish that the employer had reached an informed conclusion prior to the occurrence of the subsequent injury or occupational disease that the preexisting impairment is permanent and is likely to be a hindrance or obstacle to employment or reemployment. Where, however, the employer establishes knowledge of the preexisting permanent impairment prior to the subsequent injury, there shall be a presumption that the employer considered the condition to be permanent and to be, or likely to be, a hindrance or obstacle to employment where the condition is one of the following:    Epilepsy;   Diabetes;   Arthritis which is an obstacle or hindrance to employment or reemployment;   Amputated foot, leg, arm, or hand;   Loss of sight of one or both eyes or a partial loss of uncorrected vision of more than 75 percent bilaterally;   Residual disability from poliomyelitis;   Cerebral palsy;   Multiple sclerosis;   Parkinson's disease;   Cardiovascular disorders;   Tuberculosis;   Intellectual disability, provided the employee's intelligence quotient is such that he falls within the lowest 2 percent of the general population; provided, however, that it shall not be necessary for the employer to know the employee's actual intelligence quotient or actual relative ranking in relation to the intelligence quotient of the general population;   Psychoneurotic disability following confinement for treatment in a recognized medical or mental institution for a period in excess of six months;   Hemophilia;   Sickle cell anemia;   Chronic osteomyelitis;   Ankylosis of major weight-bearing joints;   Hyperinsulism;   Muscular dystrophy;   Total occupational loss of hearing as defined in Code Section 34-9-264;   Compressed air sequelae;   Ruptured intervertebral disc; or   Any permanent condition which, prior to the occurrence of the subsequent injury, constitutes a 20 percent impairment of a foot, leg, hand, or arm, or of the body as a whole.    (Code 1933, § 114-914, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 2015, p. 385, § 4-15/HB 252.)    The 2015 amendment,  effective July 1, 2015, substituted "intellectual disability" for "mental retardation" at the beginning of paragraph (12).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, a hyphen was placed between the words "weight bearing" in paragraph (17).   Editor's notes.   - Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'J. Calvin Hill, Jr., Act.'"   JUDICIAL DECISIONS    Cited in Subsequent Injury Trust Fund v. Hanson Indus., 211 Ga. App. 700, 440 S.E.2d 89 (1994).   RESEARCH REFERENCES   Am. Jur. 2d.   - 82 Am. Jur. 2d, Workers' Compensation, § 363.   C.J.S.   - 99 C.J.S., Workers' Compensation, §§ 346, 370.
GA Code § 34-9-363 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-363. Agreements for Reimbursement From Fund; Hearing by State Board of Workers' Compensation in Absence of Agreement; Compromise Settlements

  When any employer or insurer and the administrator reach an agreement with respect to reimbursement under this article, it shall be reduced to writing and submitted to the State Board of Workers' Compensation for approval. The board shall consider such an agreement upon receipt thereof and, if it finds it to meet the provisions of this article, shall approve the agreement and issue its order directing the agreed reimbursement.   If the employer or the insurer fails to reach an agreement with the administrator in regard to reimbursement under this article, either party may make application to the State Board of Workers' Compensation for a hearing in regard to the matters at issue. Such matters shall then be determined in the manner provided for other workers' compensation proceedings and appeals.   Failure of an employer or insurer to file for a hearing with the State Board of Workers' Compensation within 90 days after the receipt of a formal denial from the Subsequent Injury Trust Fund shall constitute a bar to recovery from the fund.   The administrator, under the policy or rules and regulations of the board of trustees, shall have the authority to enter into compromise settlements.    (Code 1933, § 114-907, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1985, p. 1426, § 6.)
GA Code § 34-9-364 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-364. Apportionment or Denial of Reimbursement for Expenses Paid by Employer or Insurer

 The administrator of the fund may apportion or deny the employer or insurer reimbursement from the fund for medical expense provided by Code Section 34-9-360 where there are clear and unequivocal facts to establish that the subsequent injury to the permanently impaired employee was not caused by or in any way related to the employee's preexisting disability. The apportionment by the administrator shall be subject to the approval of the State Board of Workers' Compensation.   (Code 1933, § 114-913, enacted by Ga. L. 1977, p. 608, § 1.)
GA Code § 34-9-365 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-365. Injuries to Which Article Is Applicable

 The effective date of this article is March 23, 1977, but it shall apply only to injuries occurring on or after July 1, 1977.   (Ga. L. 1977, p. 608, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 82 Am. Jur. 2d, Workers' Compensation, § 362 et seq.   ALR.   - Injury to employee as arising out of or in course of employment for purposes of state workers' compensation statute - effect of employer-provided living quarters, room and board, or the like, 42 A.L.R.6th 61.
GA Code § 34-9-366 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-366. Binding of Fund to Questions Determined in Proceedings to Which It Was Not a Party

 The fund shall not be bound as to any question of law or fact by reason of an award or an adjudication to which it was not a party.   (Code 1933, § 114-917, enacted by Ga. L. 1977, p. 608, § 1.)
GA Code § 34-9-367 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-367. Liability of Fund for Interest or Attorney's Fees

 The Subsequent Injury Trust Fund shall not be liable for any interest on sums due claiming parties nor shall it be liable for attorney's fees due attorneys of the claiming parties except where it is proven by a preponderance of evidence that the Subsequent Injury Trust Fund has failed or refused to accept a valid claim for reimbursement as provided for under this chapter in whole or in part without reasonable grounds; in such a circumstance, the party seeking reimbursement may be entitled to attorney's fees as provided under subsection (b) of Code Section 34-9-108.   (Code 1933, § 114-915, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1982, p. 3, § 34; Ga. L. 1996, p. 1291, § 15.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, "attorney's" was substituted for "attorneys'".   Law reviews.   - For annual survey of law of worker's compensation, see 56 Mercer L. Rev. 479 (2004). For review of 1996 workers' compensation legislation, see 13 Ga. St. U.L. Rev. 233 (1996).   JUDICIAL DECISIONS   Liability for attorney's fees.    - Attorney's fees of an employer or insurer are not recoverable from the fund. Georgia Subsequent Injury Trust Fund v. Muscogee Iron Works, 265 Ga. 790, 462 S.E.2d 367 (1995) (decided prior to 1996 amendment).   RESEARCH REFERENCES   ALR.   - Workers' compensation: availability, rate, or method of calculation of interest on attorney's fees or penalties, 79 A.L.R.5th 201.
GA Code § 34-9-368 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-368. Reimbursement of Self-Insured Employers or Insureds; Actuarial Study Required; Dissolution of Subsequent Injury Trust Fund

  The Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for a subsequent injury for which a claim is made for an injury occurring after June 30, 2006. The Subsequent Injury Trust Fund shall continue to reimburse self-insured employers or insurers for claims for injuries occurring on and prior to June 30, 2006, which qualify for reimbursement.   Self-insured employers and insurers shall continue to pay assessments pursuant to Code Section 34-9-358 to the extent necessary to fund claims for injuries occurring on and prior to June 30, 2006.   Upon or in contemplation of the final payment of all claims filed for subsequent injuries for which claims are filed for injuries occurring on and prior to June 30, 2006, the board of trustees shall adopt and implement resolutions providing for the final dissolution of the Subsequent Injury Trust Fund. Such resolutions shall become effective when all claims made for injuries occurring on and prior to June 30, 2006, have been fully paid or otherwise resolved and shall include provisions for:   The termination of assessments against insurers or self-insurers;   The pro rata refund of assessments previously collected and unexpended, consistent with the provisions of subsection (f) of Code Section 34-9-358;   The termination of employment of the employees of the fund or the transfer of employment of any employees to any other state agency desiring to accept them;   A final accounting of the financial affairs of the fund; and   The transfer of the books, records, and property of the fund to the custody of the Department ofInsurance.  Upon the completion of all matters provided for in such resolutions, but not later than December 31, 2023, the Subsequent Injury Trust Fund and the members of its board of trustees shall be discharged from their duties except for such personnel necessary to administer any remaining claims.        (Code 1981, §34-9-368, enacted by Ga. L. 2004, p. 152, § 1; Ga. L. 2005, p. 1489, § 1/HB 200; Ga. L. 2008, p. 349, § 2/HB 1186; Ga. L. 2015, p. 1079, § 7/HB 412; Ga. L. 2019, p. 337, § 1-98/SB 132.)    The 2015 amendment,  effective July 1, 2015, in subsection (c), substituted "subsection (f)" for "subsection (d)" near the end of paragraph (c)(2), substituted "Insurance Department" for "State Board of Workers' Compensation" at the end of paragraph (c)(5), and substituted "December 31, 2023" for "December 31, 2020" in the middle of the undesignated paragraph.    The 2019 amendment,  effective July 1, 2019, substituted "Department of Insurance" for "Insurance Department" at the end of paragraph (c)(5).   Law reviews.   - For annual survey of workers' compensation law, see 57 Mercer L. Rev. 419 (2005).
GA Code § 34-9-380 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 10 - Self-Insurers Guaranty Trust Fund|§ 34-9-380. Purpose of Article

 It is the purpose of this article through the establishment of a guaranty trust fund to provide for the continuation of workers' compensation benefits due and unpaid, excluding penalties, fines, and attorneys' fees assessed against a participant, when such participant becomes an insolvent self-insurer.    (Code 1981, §34-9-380, enacted by Ga. L. 1990, p. 770, § 1; Ga. L. 2010, p. 126, § 4/HB 1101; Ga. L. 2016, p. 287, § 6/HB 818.)    The 2016 amendment,  effective July 1, 2016, substituted "such participant becomes an insolvent self-insurer" for "a self-insured employer becomes insolvent" at the end of this Code section.   Law reviews.   - For annual survey of law on labor and employment law, see 62 Mercer L. Rev. 181 (2010). For annual survey of law on workers' compensation, see 62 Mercer L. Rev. 383 (2010).
GA Code § 34-9-383 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 10 - Self-Insurers Guaranty Trust Fund|§ 34-9-383. Membership of Board of Trustees of Fund

  Each member of the board of trustees shall be an employee of a participant. The board of trustees shall consist of a chairperson and six trustees elected by the participants. The board of trustees shall initially be appointed by the Governor not later than August 1, 1990. Three of the initial trustees shall be appointed for terms of office which shall end on January 1, 1993, and the chairperson and the three other initial trustees shall be appointed for terms of office which shall end on January 1, 1995. Thereafter, each trustee shall be elected to a four-year term and shall continue to serve unless otherwise ineligible under subsection (b) of this Code section. No later than 90 days prior to the end of any member's term of office, the chairperson shall select a nominating committee from among the participants to select candidates for election by the participants for the following term. In the event the chairperson fails to complete his or her term of office, a successor shall be elected by the board of trustees to fill the unexpired term of office.   A vacancy in the office of any elected member of the board of trustees shall occur upon the member's resignation, death, or conviction of a felony or when the trustee's employer no longer qualifies as a self-insured participant or the trustee is no longer an employee of a participant. The board of trustees may remove any trustee from office on a formal finding of incompetence, neglect of duty, or malfeasance in office. Within 30 days after the office of any elected member becomes vacant for any reason, the board of trustees shall elect a successor to fill that office for the unexpired term. Failure to fill the vacant office shall not invalidate any action taken by the board of trustees provided that said action is taken pursuant to an affirmative vote of not less than four trustees.     (Code 1981, §34-9-383, enacted by Ga. L. 1990, p. 770, § 1; Ga. L. 1995, p. 638, § 2; Ga. L. 2010, p. 126, § 4/HB 1101.)