reglab/housing_qa huggingface dataset:
GA Code § 34-9-245 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 6 - Payment of Compensation|Part 3 - Limitations on Payment|§ 34-9-245. Repayment of Overpayment by Claimant

 Should the board find that a claimant has received an overpayment of income benefits from the employer, for any reason, the board shall have the authority to order repayment on terms acceptable to the parties or within the discretion of the board. No claim for reimbursement shall be allowed where the application for reimbursement is filed more than two years from the date such overpayment was made.    (Code 1981, §34-9-245, enacted by Ga. L. 1999, p. 817, § 6.)   Law reviews.   - For annual survey of workers' compensation law, see 58 Mercer L. Rev. 453 (2006). For survey article on workers' compensation law, see 60 Mercer L. Rev. 433 (2008).   JUDICIAL DECISIONS   De novo standard of review.    - In reviewing a decision by the State Board of Workers' Compensation (board), the trial court correctly employed a de novo standard of review when determining whether O.C.G.A. § 34-9-245 was a statute of repose rather than a statute of limitation, as that matter involved a legal interpretation of a statute; the court was obligated to employ the "any evidence" standard when determining whether the findings by the board that an award of attorney fees to an insurer, a civil penalty assessment to an employee, and a referral of the matter to the Enforcement Division of the board were proper. Trax-Fax, Inc. v. Hobba, 277 Ga. App. 464, 627 S.E.2d 90 (2006).   Applicability.    - State Board of Workers' Compensation properly held that an employer was entitled to a credit for overpayments made to a claimant, but only for those made within the two years prior to the employer's request for reimbursement; O.C.G.A. § 34-9-245 was intended as a statute of repose, and thus giving the employer credit for overpayments made more than two years before its request for reimbursement would allow offsets against future payments when there was no legally cognizant basis for reimbursement. Renu Thrift Store, Inc. v. Figueroa, 286 Ga. App. 455, 649 S.E.2d 528 (2007), cert. dismissed, 2007 Ga. LEXIS 812 (Ga. 2007).   Statute of repose retroactively applied.    - O.C.G.A. § 34-9-245 is a statute of repose, rather than a statute of limitations, and can be applied retroactively, pursuant to the legislative intent and the wording of the statute; accordingly, an award of reimbursement of benefits paid to an employee was proper when the employee's accident occurred one year prior to the enactment of § 34-9-245, and preclusion of reimbursement for any overpayments made prior to the two-year period was proper. Trax-Fax, Inc. v. Hobba, 277 Ga. App. 464, 627 S.E.2d 90 (2006).   RESEARCH REFERENCES   ALR.   - Validity, and applicability to causes of action, of statute shortening limitation period or period of repose, 76 A.L.R.6th 31.
GA Code § 34-9-282 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 8 - Compensation for Occupational Disease|Part 1 - General Provisions|§ 34-9-282. Payment of Medical and Burial Expenses of Claimants

 Any claimant who shall be entitled to compensation under the terms of this article shall be entitled to burial expenses and medical, hospital, and other treatment in the same amounts and with the same limitations and conditions as provided in Code Sections 34-9-200 and 34-9-265 for injured employees.   (Code 1933, § 114-824, enacted by Ga. L. 1946, p. 103; Ga. L. 1963, p. 144, § 18.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, "Code Sections 34-9-200 and 34-9-265" was substituted for "Code Sections 34-9-265 and 34-9-200".   Law reviews.   - For article, "Occupational Diseases Under the Georgia Workmen's Compensation Act," see 8 Mercer L. Rev. 333 (1957).   RESEARCH REFERENCES   C.J.S.   - 100 C.J.S., Workers' Compensation, §§ 544 et seq., 559.
GA Code § 34-9-283 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 8 - Compensation for Occupational Disease|Part 1 - General Provisions|§ 34-9-283. Applicability to Occupational Diseases of Provisions of Code Section 34-9-263 Regarding Permanent Partial Industrial Disabilities

 The provisions of Code Section 34-9-263 with respect to permanent partial industrial disabilities shall apply in the case of an occupational disease, save and except that there shall be no compensation due or payable for the partial loss of or for partial loss of use of a member or for partial loss of vision of an eye.   (Code 1933, § 114-807, enacted by Ga. L. 1946, p. 103; Ga. L. 1982, p. 3, § 34; Ga. L. 1995, p. 1302, § 13.)   RESEARCH REFERENCES   C.J.S.   - 100 C.J.S., Workers' Compensation, § 646 et seq.
GA Code § 34-9-284 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 8 - Compensation for Occupational Disease|Part 1 - General Provisions|§ 34-9-284. Liability of Last Employer; Compensation Based on Average Weekly Wage

 Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and the insurance carrier, if any, by whom the employer was insured when such employee was last so exposed under such employer shall alone be liable therefor, without right of contribution from any prior employer or insurance carrier. The amount of the compensation for any occupational disease shall be based upon the average weekly wages of the employee, as determined under Code Section 34-9-260. The date upon which the employee first suffers disablement from the occupational disease or the last date the employee was employed by any employer, whichever date would provide the higher average weekly wage for such employee, shall be deemed the date of the injury for the purpose of determining the average weekly wage; and the notice of injury and claim for compensation, as required by Code Sections 34-9-80 through 34-9-82, 34-9-85, and 34-9-86, shall be given and made to such employer.   (Code 1933, § 114-809, enacted by Ga. L. 1946, p. 103; Ga. L. 1982, p. 3, § 34; Ga. L. 1987, p. 1474, § 3.)   Editor's notes.   - Ga. L. 1987, p. 1474, § 17, not codified by the General Assembly, provided that that Act would apply to any occupational disease not previously diagnosed before July 1, 1987.   Law reviews.   - For annual survey on worker's compensation, see 71 Mercer L. Rev. 345 (2019).   JUDICIAL DECISIONS   Court erred by substituting its own finding.    - Trial court erred by reversing a decision denying the claim for workers' compensation benefits because the award was not legally erroneous and was supported by some evidence that the claimant failed to carry the burden of proving by a preponderance of competent and credible evidence that the former employer was the employer when last injuriously exposed to asbestos. McKenney's, Inc. v. Sinyard, 350 Ga. App. 260, 828 S.E.2d 639 (2019), cert. denied, No. S19C1348, 2020 Ga. LEXIS 25 (Ga. 2020).    Cited in Lanier v. Jim Brown Dev. Corp., 199 Ga. App. 255, 404 S.E.2d 626 (1991).   RESEARCH REFERENCES   Am. Jur. 2d.   - 82 Am. Jur. 2d, Workers' Compensation, § 311 et seq.   C.J.S.   - 100 C.J.S., Workers' Compensation, § 945 et seq.   ALR.   - Workers' compensation: Liability of successive employers for disease or condition allegedly attributable to successive employments, 34 A.L.R.4th 958.
GA Code § 34-9-285 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 8 - Compensation for Occupational Disease|Part 1 - General Provisions|§ 34-9-285. Noncompensable Disease or Infirmity

 Where an occupational disease is aggravated by any other disease or infirmity not itself compensable or where disability or death from any other cause not itself compensable is aggravated, prolonged, accelerated, or in any other way contributed to by an occupational disease, the compensation payable shall be reduced and limited only to such proportion of the compensation that would be payable if the occupational disease were the sole cause of the disability or death as such occupational disease, as the causative factor, bears to all the causes of such disability or death. Compensation shall be adjusted by reducing the number of weekly payments or the amounts of such payments as, in the circumstances of the particular case, may be determined by the board.   (Code 1933, § 114-805, enacted by Ga. L. 1946, p. 103.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, "way" was substituted for "wise" in the first sentence.   Law reviews.   - For article discussing apportioning disability losses in cases of psychological injury, see 16 Ga. St. B. J. 18 (1979).   JUDICIAL DECISIONS   Section constitutional.    - O.C.G.A. § 34-9-285, in authorizing disparate treatment of occupational diseases and other injuries compensable under the Workers' Compensation Act, O.C.G.A. § 34-9-1 et seq., does not violate constitutional guarantees of equal protection. Price v. Lithonia Lighting Co., 256 Ga. 49, 343 S.E.2d 688 (1986).    O.C.G.A. § 34-9-285 is rationally related to a legitimate state interest and does not violate the Fourteenth Amendment's equal protection clause. Price v. Tanner, 855 F.2d 820 (11th Cir. 1988), cert. denied, 489 U.S. 1081, 109 S. Ct. 1534, 103 L. Ed. 2d 839 (1989).   Partial disability.    - The law does not contemplate such a thing as partial disability in the occupational disease statute, except when, under the provisions of Ga. L. 1946, p. 103, the condition results in part from an occupational disease and in part from some other condition not compensable, in which event the compensation is reduced proportionately. Yates v. United States Rubber Co., 100 Ga. App. 583, 112 S.E.2d 182 (1959).   No apportionment between work-related and congenital causes.    - Workers' Compensation Act, O.C.G.A. § 34-9-1 et seq., does not provide for apportionment of benefits between work-related and congenital causes. SMB Stage Line v. Leach, 204 Ga. App. 229, 418 S.E.2d 791 (1992).    Cited in Whitaker v. Fieldcrest Mills, Inc., 174 Ga. App. 533, 330 S.E.2d 761 (1985).   RESEARCH REFERENCES   Am. Jur. 2d.   - 82 Am. Jur. 2d, Workers' Compensation, § 311 et seq.   ALR.    - Workmen's compensation: construction and effect of provisions in relation to new or new and further disability, 72 A.L.R. 1125.
GA Code § 34-9-286 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 8 - Compensation for Occupational Disease|Part 1 - General Provisions|§ 34-9-286. Payment of Compensation to Persons Whose Relationship With Employee Arises After Disability

 Reserved. Repealed by Ga. L. 1987, p. 1474, § 4, effective July 1, 1987.   Editor's notes.   - This Code section was based on Code 1933, § 114-806, enacted by Ga. L. 1946, p. 103. Section 17 of Ga. L. 1987, p. 1474, not codified by the General Assembly, provided that that Act would apply to any occupational disease not previously diagnosed before July 1, 1987.
GA Code § 34-9-287 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 8 - Compensation for Occupational Disease|Part 1 - General Provisions|§ 34-9-287. Applicability of Article to Occupational Diseases in Which Last Injurious Exposure Occurred Before April 30, 1946

 Reserved. Repealed by Ga. L. 1987, p. 1474, § 5, effective July 1, 1987.   Editor's notes.   - This Code section was based on Code 1933, § 114-808, enacted by Ga. L. 1946, p. 103. Section 17 of Ga. L. 1987, p. 1474, not codified by the General Assembly, provided that that Act would apply to any occupational disease not previously diagnosed before July 1, 1987.
GA Code § 34-9-288 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 8 - Compensation for Occupational Disease|Part 1 - General Provisions|§ 34-9-288. Applicability of Provisions of Chapter to Article

 All of the provisions of this chapter shall be applicable to this article, unless otherwise provided in or inconsistent with this article.   (Code 1933, § 114-810, enacted by Ga. L. 1946, p. 103; Ga. L. 2004, p. 631, § 34.)   Law reviews.   - For article, "Occupational Diseases Under the Georgia Workmen's Compensation Act," see 8 Mercer L. Rev. 33 (1957).   JUDICIAL DECISIONS    Cited in Hammock v. Davidson Granite Co., 107 Ga. App. 673, 131 S.E.2d 132 (1963).
GA Code § 34-9-290 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 8 - Compensation for Occupational Disease|Part 1 - General Provisions|§ 34-9-290. Reporting of Hazardous Occupations and Cases of Occupational Disease to Department of Human Resources

 Reserved. Repealed by Ga. L. 1996, p. 1291, § 14, effective July 1, 1996.   Editor's notes.   - This Code section was based on Code 1933, § 114-827, enacted by Ga. L. 1946, p. 103; Ga. L. 1972, p. 1069, § 3; Ga. L. 1978, p. 941, § 1; Ga. L. 1982, p. 3, § 34.
GA Code § 34-9-291 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 8 - Compensation for Occupational Disease|Part 1 - General Provisions|§ 34-9-291. Effect of False Representations by Employee Regarding Previous Disability From or Compensation for Occupational Disease

 No compensation shall be payable for an occupational disease if the employee, in the course of or in the course of entering into the employment of the employer by whom the compensation would otherwise be payable, falsely represented himself in writing to such employer as not having previously been disabled, laid off, or compensated in damages or otherwise because of such disease.   (Code 1933, § 114-804, enacted by Ga. L. 1946, p. 103.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 82 Am. Jur. 2d, Workers' Compensation, §§ 46, 578.   C.J.S.   - 100A C.J.S., Workers' Compensation, § 1083 et seq.   ALR.   - Eligibility for workers' compensation as affected by claimant's misrepresentation of health or physical condition at the time of hearing, 12 A.L.R.5th 658.
GA Code § 34-9-292 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 8 - Compensation for Occupational Disease|Part 1 - General Provisions|§ 34-9-292. Payment of Expenses of Board

 The total expenses of the State Board of Workers' Compensation for the administration, operation, and proper functioning of the board under this article shall be a proper charge under Code Section 34-9-63 and shall be payable as provided therein.   (Code 1933, § 114-826, enacted by Ga. L. 1946, p. 103; Ga. L. 1982, p. 3, § 34; Ga. L. 1987, p. 1474, § 7.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, a comma was deleted following "article" in this Code section.   Editor's notes.   - Ga. L. 1987, p. 1474, § 17, not codified by the General Assembly, provided that that Act would apply to any occupational disease not previously diagnosed before July 1, 1987.
GA Code § 34-9-311 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 8 - Compensation for Occupational Disease|Part 2 - Medical Board|§ 34-9-311. Investigation 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

 Reserved. Repealed by Ga. L. 1987, p. 1474, § 9, effective July 1, 1987.   Editor's notes.   - This Code section was based on Code 1933, §§ 114-818, 114-819, 114-820, 114-821, enacted by Ga. L. 1946, p. 103. Ga. L. 1987, p. 1474, § 17, not codified by the General Assembly, provided that that Act would apply to any occupational disease not previously diagnosed before July 1, 1987.
GA Code § 34-9-312 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 8 - Compensation for Occupational Disease|Part 2 - Medical Board|§ 34-9-312. Promulgation 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

 Reserved. Repealed by Ga. L. 1987, p. 1474, § 10, effective July 1, 1987.   Editor's notes.   - This Code section was based on Code 1933, § 114-823, enacted by Ga. L. 1946, p. 103, Ga. L. 1982, p. 3, § 34. Ga. L. 1987, p. 1474, § 17, not codified by the General Assembly, provided that that Act would apply to any occupational disease not previously diagnosed before July 1, 1987.
GA Code § 34-9-313 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 8 - Compensation for Occupational Disease|Part 2 - Medical Board|§ 34-9-313. Power to Compel Attendance of Witnesses and Production of Records

 The medical board shall have the same power to compel the attendance of witnesses and the production of records as the superior courts of this state have to compel the attendance of witnesses and the production of records.   (Code 1933, § 114-828, enacted by Ga. L. 1963, p. 141, § 19.)
GA Code § 34-9-330 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 8 - Compensation for Occupational Disease|Part 3 - Special Provisions Regarding Silicosis and Asbestosis|§ 34-9-330. Through 34-9-335

 Reserved. Repealed by Ga. L. 1987, p. 1474, §§ 11 through 16, effective July 1, 1987.   Editor's notes.   - This part was based on Code 1933, §§ 114-809, 114-813, 114-814, 114-815, 114-816, 114-817, enacted by Ga. L. 1946, p. 103. Ga. L. 1987, p. 1474, § 17, not codified by the General Assembly, provided that that Act would apply to any occupational disease not previously diagnosed before July 1, 1987.   Administrative Rules and Regulations.   - Organization and administration, Official Compilation of the Rules and Regulations of the State of Georgia, Subsequent Injury Trust Fund, Chapter 622-1.
GA Code § 36-82-22 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 2 - Validation of Bonds|Part 1 - General Provisions|§ 36-82-22. Notice of Superior Court Hearing on Show Cause Order

 Prior to the hearing provided for in Code Section 36-82-21, the clerk of the superior court of the county in which the hearing is to be held shall publish in a newspaper, once during each of the two successive weeks immediately preceding the week in which the hearing is to be held, a notice to the public that on the day specified in the order providing for the hearing the same will be heard. Such newspaper shall be the official organ of the county in which the sheriff's advertisements appear.   (Ga. L. 1897, p. 82, § 6; Civil Code 1910, § 450; Code 1933, § 87-303; Ga. L. 1966, p. 76, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, § 357.   ALR.    - Estoppel to deny validity of municipal bonds issued under an unconstitutional statute, 37 A.L.R. 1310.
GA Code § 36-82-24 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 2 - Validation of Bonds|Part 1 - General Provisions|§ 36-82-24. Effect of Judgment of Validation

 In the event that no appeal is filed within the time prescribed by law or, if an appeal is filed, that the judgment is affirmed on appeal, the judgment of the superior court confirming and validating the issuance of the bonds shall be forever conclusive upon the validity of the bonds against the county, municipality, or political subdivision.   (Ga. L. 1897, p. 82, § 4; Civil Code 1910, § 448; Code 1933, § 87-305; Ga. L. 1966, p. 76, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, § 373 et seq.   C.J.S.   - 64A C.J.S., Municipal Corporations, § 2173.   ALR.    - Estoppel to deny validity of municipal bonds issued under an unconstitutional statute, 37 A.L.R. 1310.   Rescission of vote authorizing school district or other municipal bond issue, expenditure, or tax, 68 A.L.R.2d 1041.
GA Code § 36-82-25 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 2 - Validation of Bonds|Part 1 - General Provisions|§ 36-82-25. Entry of Reference to Judgment of Validation on Bonds; Use of Entry as Evidence

 Bonds issued under this part shall have stamped or written thereon, by the proper officers of the county, municipality, or political subdivision issuing the bonds or their agents or servants, the words "Validated and confirmed by judgment of the superior court," along with the date when the judgment was rendered and the court in which it was rendered, which entry shall be signed by the clerk of the superior court in which the judgment was rendered. Such entry shall be original evidence of the fact of such judgment and shall be received as original evidence in any court in this state.   (Ga. L. 1897, p. 82, § 5; Civil Code 1910, § 449; Code 1933, § 87-306.)   RESEARCH REFERENCES   C.J.S.   - 64A C.J.S., Municipal Corporations, § 2168.
GA Code § 36-82-26 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 2 - Validation of Bonds|Part 1 - General Provisions|§ 36-82-26. Payment of Costs of Judicial Validation Proceedings

 The costs of the proceedings shall be paid in any event by the county, municipality, or political subdivision desiring to issue the bonds.   (Ga. L. 1897, p. 82, § 7; Civil Code 1910, § 451; Code 1933, § 87-307.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, § 376.
GA Code § 36-82-27 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 2 - Validation of Bonds|Part 1 - General Provisions|§ 36-82-27. Procedure Upon Failure of District Attorney or Attorney General to File Petition With Superior Court Generally

 When any county, municipality, or political subdivision of the state has held an election for the issuance of bonds and notice has been duly served on the district attorney or the Attorney General under authority of such county, municipality, or other political subdivision, for the purpose of securing a judicial validation of such bonds, but the district attorney or Attorney General has failed to proceed within the time specified by Code Section 36-82-21, it shall be competent for the county, municipality, or other political subdivision to represent such facts in writing to the court, and to represent further that the failure has been without fault on the part of the county, municipality, or other political subdivision. In such case it shall be the duty of the court and it shall have the power and authority to inquire into the facts and, upon being satisfied that the failure has not arisen from any fault or neglect on the part of the county, municipality, or other political subdivision, to issue an order authorizing and directing the district attorney or the Attorney General to proceed within ten days to file the petition authorized by Code Section 36-82-21. Thereafter, the proceedings shall be heard in the same manner as would have been followed had the petition been duly and promptly filed in the first instance.   (Ga. L. 1920, p. 110, § 1; Code 1933, § 87-308.)