reglab/housing_qa huggingface dataset:
GA Code § 34-9-169 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 5 - Group Self-Insurance Funds|§ 34-9-169. Revocation and Suspension of Certificates of Authority; Probation and Fine; Voluntary Dissolution or Termination of Functions

  The Commissioner may revoke, suspend, or refuse to issue or renew the certificate of authority of any fund when and if, after investigation, he finds that:   Any certificate of authority issued to the fund was obtained by fraud;   There was any material misrepresentation in the application for the certificate of authority;   The fund or its administrators have otherwise shown themselves to be untrustworthy or incompetent;   Such fund or its administrator has violated any of the provisions of this article or the rules and regulations of the Commissioner promulgated pursuant to this article;   The fund or its administrator has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys which belong to a member, an employee of a member, or a person otherwise entitled thereto and which have been entrusted to the fund or its administrator in its fiduciary capacities; or   The fund is found to be in an unsound condition or in such condition as to render its future transaction of business in this state hazardous to its members and their employees.     Before the Commissioner shall revoke, suspend, or refuse to issue or renew the certificate of authority of any fund, he shall give the fund an opportunity to be fully heard and to introduce evidence in its behalf. In lieu of revoking, suspending, or refusing to issue or renew the certificate of authority of any fund for any of the causes enumerated in this Code section, after hearing as provided in this article, the Commissioner may place the fund and its administrator on probation for a period of time not to exceed one year, may fine the fund not more than $1,000.00 for each offense, or both, when, in his judgment, he finds that the public interest and the interests of the fund's members and their employees would not be harmed by the continued operation of the fund. The amount of any such penalty shall be paid by the fund to the Commissioner for the use of the state. At any hearing provided for by this Code section, the Commissioner shall have authority to administer oaths to witnesses. Any witness testifying falsely after taking an oath commits the offense of perjury.   No fund shall be voluntarily dissolved or otherwise voluntarily cease to function unless:   Written approval is first obtained from the Commissioner; and   The Commissioner determines that all claims and other legal obligations of the fund have been paid or that adequate provisions for such payment have been made.      (Code 1933, § 114-622a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1; Ga. L. 2004, p. 631, § 34.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 44A Am. Jur. 2d, Insurance, § 1828 et seq.   C.J.S.   - 44 C.J.S., Insurance, §§ 105, 108. 100 C.J.S., Workers' Compensation, § 808.
GA Code § 34-9-170 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 5 - Group Self-Insurance Funds|§ 34-9-170. Taxes - Imposition; Deductions, Reductions, Abatements, and Credits

 Reserved. Repealed by Ga. L. 1990, p. 997, § 3, effective July 1, 1990.
GA Code § 34-9-171 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 5 - Group Self-Insurance Funds|§ 34-9-171. Tax Exemption

 Funds organized and operating pursuant to this article shall be exempt from state and local premium taxes.   (Code 1933, § 114-627a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1; Ga. L. 1990, p. 997, § 4.)
GA Code § 34-9-172 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 5 - Group Self-Insurance Funds|§ 34-9-172. Examinations by Commissioner to Verify Solvency of Funds

  The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33, except that each fund shall be examined at least once each five years. The Commissioner shall have the authority to require information to substantiate that the sponsoring association is engaged in substantial activity for the benefit of its members in accordance with the definitions of Code Section 34-9-151, but that authority is not to be construed as the right to regulate or inspect that association or its members.   The Commissioner is authorized to contract with private examiners to conduct examinations pursuant to subsection (a) of this Code section. If employees of the department conduct the examinations, the fund being examined shall pay to the department the reasonable expense of conducting the examination. If contract examiners conduct the examination, the fund being examined shall, at the discretion of the Commissioner, pay the costs so incurred either to the department or to the contracting party. The Commissioner may use appropriated funds to conduct the examinations and shall provide by regulation for matters relative to the conduct of such examinations, including, without limitation, the expenditure of available funds for that purpose.    (Code 1933, § 114-628a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1; Ga. L. 1995, p. 1201, § 15; Ga. L. 1998, p. 267, § 1.)   Law reviews.   - For review of 1998 legislation relating to labor and industrial relations, see 15 Ga. St. U.L. Rev. 181 (1998).   RESEARCH REFERENCES   Am. Jur. 2d.   - 44A Am. Jur. 2d, Insurance, § 1828 et seq.   C.J.S.   - 44 C.J.S., Insurance, §§ 105, 108.
GA Code § 34-9-173 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 5 - Group Self-Insurance Funds|§ 34-9-173. Remedy of Deficiencies in Surplus or Reserve; Initiation of Insolvency Proceedings; Assessments Upon Liquidation

  If the assets of a fund are at any time insufficient to enable a fund to discharge its legal liabilities and other obligations and to maintain the reserves and surplus required of it under this article, it shall forthwith make up the deficiency or levy an assessment upon its members for the amount needed to make up the deficiency.   If the fund fails to make up the deficiency or to make the required assessment of its members within 30 days after the Commissioner orders it to do so or if the deficiency is not fully made up within 60 days after the date on which any such assessment is made or within such longer period of time as may be specified by the Commissioner, the fund shall be deemed to be insolvent and shall be proceeded against in the same manner as are domestic insurers under Chapter 37 of Title 33; and the Commissioner shall have the same powers and limitations in such proceedings as are provided under that chapter, except as otherwise provided for in this article.   If the liquidation of a fund is ordered, an assessment shall be levied upon its members for such an amount as the Commissioner determines to be necessary to discharge all liabilities of the fund, including the reasonable costs of liquidation.    (Code 1933, § 114-620a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 44A Am. Jur. 2d, Insurance, § 1828 et seq.   C.J.S.   - 44 C.J.S., Insurance, §§ 105, 108.
GA Code § 34-9-174 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 5 - Group Self-Insurance Funds|§ 34-9-174. Promulgation of Rules and Regulations

 The Commissioner shall have authority to promulgate rules and regulations to effectuate the provisions of this article.   (Code 1933, § 114-629a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.)   RESEARCH REFERENCES   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 217 et seq.
GA Code § 34-9-175 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 5 - Group Self-Insurance Funds|§ 34-9-175. Hearings or Other Proceedings for Aggrieved Parties

 Any party which is aggrieved by any act, determination, order, or any other action of the Commissioner taken pursuant to this article may request a hearing before the Commissioner or otherwise proceed in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."   (Code 1933, § 114-616a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 289 et seq.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 252. 73A C.J.S., Public Administrative Law and Procedure, § 277 et seq.
GA Code § 34-9-176 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 5 - Group Self-Insurance Funds|§ 34-9-176. Service of Process; Venue of Actions

 Except as otherwise provided in this article, service of process and venue shall be governed by the applicable provisions of Titles 9 and 14.   (Code 1933, § 114-631a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.)
GA Code § 34-9-177 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 5 - Group Self-Insurance Funds|§ 34-9-177. Funds Not to Be Deemed Insurers

 Notwithstanding any provisions of this article which might be construed to the contrary, no fund shall be considered an insurer for the purposes of Title 33 except for the limited purposes specified in this article; and, specifically, no fund shall be considered to be an insurer for the purposes of Chapter 36 of Title 33, the "Georgia Insurers Insolvency Pool Act," or other laws of this state which relate to insurers or insurance companies.   (Code 1933, § 114-630a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1; Ga. L. 1992, p. 6, § 34.)
GA Code § 34-9-178 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 5 - Group Self-Insurance Funds|§ 34-9-178. Construction of Article

 Nothing in this article shall be construed to apply to employers who elect to self-insure individually for workers' compensation pursuant to Code Section 34-9-121 and the rules of the State Board of Workers' Compensation or pursuant to any reciprocal agreements or contracts of indemnity executed prior to March 8, 1960, creating funds for the purpose of satisfying the obligations of self-insured employers under this chapter.   (Code 1933, § 114-632a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.)
GA Code § 34-9-179 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 5 - Group Self-Insurance Funds|§ 34-9-179. Application of Chapter 6 of Title 33 to Funds; Enforcement by Commissioner

 Chapter 6 of Title 33 shall apply to "funds," as defined in this article; and, for the purpose of determining whether a violation of that chapter has occurred, a member and its employees shall be deemed to be "insureds" or "policyholders," as used in the above-mentioned chapter, whichever is applicable. In enforcing this Code section, the Commissioner shall be deemed to possess the same powers and be subject to the same restrictions as are applicable to the Commissioner under Chapter 6 of Title 33.   (Code 1933, § 114-625a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.)
GA Code § 34-9-180 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 5 - Group Self-Insurance Funds|§ 34-9-180. Officials of Funds Prohibited From Having Pecuniary Interests in Transactions; Exceptions

  An officer, trustee, administrator, member of any committee, or employee of a fund who is charged with the duty of investing or handling the fund's assets shall not deposit or invest such assets except in the name of the fund; shall not borrow the assets of such fund; shall not be pecuniarily interested in any loan, pledge of deposit, security, investment, sale, purchase, exchange, reinsurance, or other similar transaction or property of such fund; and shall not take or receive for his or her own use any fee, brokerage, commission, gift, or other consideration for or on account of any such transaction made by or on behalf of such fund.   No fund shall guarantee any financial obligation of any of its officers, trustees, or administrators.   This Code section shall not prohibit a trustee, officer, member of a committee, or employee of a fund from being covered by the fund as an employee of a member and enjoying the usual rights so provided for employees of members.   The Commissioner shall, by regulation, define and permit additional exceptions to the prohibition contained in subsection (a) of this Code section solely to enable payment of reasonable compensation to a trustee or administrator who is not otherwise an officer or employee of the fund or to a corporation or firm in which a trustee or administrator is interested, for necessary services performed or sales or purchases made to or for the fund in the ordinary course of the fund's business and in the usual private professional or business capacity of the trustee or administrator or of the corporation or firm.    (Code 1933, § 114-624a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Commission payment to recruiters of members.   - Under current law, it is not improper for a group workers' compensation self-insurance fund to recruit members, paying the recruiters on a commission basis. 1984 Op. Att'y Gen. No. 84-8.   RESEARCH REFERENCES   Am. Jur. 2d.   - 44A Am. Jur. 2d, Insurance, § 1828 et seq.   C.J.S.   - 44 C.J.S., Insurance, §§ 105, 108.
GA Code § 34-9-181 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 5 - Group Self-Insurance Funds|§ 34-9-181. Administrative Fines, Probation, or Additional Penalties

  The Commissioner may, after a hearing, impose upon a fund an administrative fine if he finds that the fund, through the acts of its officers, employees, agents, or representatives, has with such frequency as to indicate its general business practice within this state:   Refused, without just cause, to pay proper claims arising under workers' compensation coverage provided by the fund; or   Compelled, without just cause, employee claimants of members or other persons entitled to the proceeds of the workers' compensation coverage provided by the fund to accept less than the amount due them or to bring an action against the fund to secure full payment or settlement thereof.     The administrative fine imposed for violations set forth in subsection (a) of this Code section shall not exceed $1,000.00 for each act of misconduct constituting a violation of this Code section; provided, however, that a fine of not more than $5,000.00 may be imposed for each act of willful misconduct constituting a violation of this Code section.   In addition to all other penalties provided for under this article, the Commissioner shall have the authority to place any fund on probation for a period of time not to exceed one year for each and every act or violation of this article or of the rules and regulations or orders of the Commissioner issued pursuant hereto and may subject such fund to a monetary penalty of up to $1,000.00 for each and every act in violation of this article or of the rules, regulations, or orders of the Commissioner issued pursuant hereto. If the fund or its administrator knew or reasonably should have known that the fund was in violation of this article or of the rules and regulations or orders of the Commissioner, the monetary penalty provided for in this Code section may be increased to an amount up to $5,000.00 for each and every act or violation.    (Code 1933, § 114-617a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.)
GA Code § 34-9-182 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 5 - Group Self-Insurance Funds|§ 34-9-182. Deadline for Compliance

 Except where otherwise specified in this article, funds established pursuant to this article shall have until July 1, 1998, to comply with the requirements of this article.    (Code 1981, §34-9-182, enacted by Ga. L. 1995, p. 1201, § 16.)
GA Code § 34-9-350 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-350. Purpose and Construction of Article

 It is the purpose of this article to encourage the employment of persons with disabilities by protecting employers from excess liability for compensation when an injury to a disabled worker merges with a preexisting permanent impairment to cause a greater disability than would have resulted from the subsequent injury alone. It shall not be construed to create, increase, or provide any benefits for injured employees or their dependents not otherwise provided by this chapter. The entitlement of an injured employee or dependents to compensation under this chapter shall be determined without regard to this article, the provisions of which shall be considered only in determining whether the employer or insurer who has paid compensation under this chapter is entitled to reimbursement from the Subsequent Injury Trust Fund.   (Code 1933, § 114-911, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1995, p. 1302, §§ 14, 15.)   Cross references.   - Manner of determining right to compensation upon subsequent injury, § 34-9-241.   Law reviews.   - For annual survey of law of worker's compensation, see 56 Mercer L. Rev. 479 (2004).   JUDICIAL DECISIONS   Employee with preexisting permanent impairment injured on the job.    - Employer/insurer was entitled to reimbursement for excess liability when an employee with a preexisting permanent impairment, consisting of venous insufficiency, a cardiovascular disorder, suffered a subsequent compensable injury in the form of a bacterial infection, such that the merger of the preexisting impairment and compensable injury caused greater disability than would have resulted from the compensable injury above. 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, § 362.   C.J.S.   - 100 C.J.S., Workers' Compensation, § 743 et seq.   ALR.   - Workers' compensation: compensability of injuries incurred traveling to or from medical treatment of earlier compensable injury, 83 A.L.R.4th 110.
GA Code § 34-9-351 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-351. Definitions

 As used in this article, the term:    "Merger of an injury with a preexisting permanent impairment" describes or means that:   Had the preexisting permanent impairment not been present, the subsequent injury would not have occurred;   The disability resulting from the subsequent injury in conjunction with the preexisting permanent impairment is materially, substantially, and cumulatively greater than that which would have resulted had the preexisting permanent impairment not been present, and the employer has been required to pay and has paid compensation for that greater disability; or   Death would not have been accelerated had the preexisting permanent impairment not been present.     "Permanent impairment" means any permanent condition due to previous injury, disease, or disorder which is, or is likely to be, a hindrance or obstacle to employment or to obtaining reemployment if the employee should become unemployed.    (Code 1933, § 114-911, enacted by Ga. L. 1977, p. 608, § 1.)
GA Code § 34-9-351.1 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-351.1. Exclusion From Eligibility for Reimbursement of Certain Self-Insured Employers

 Employers which are self-insured with regard to workers' compensation benefits but which are not authorized by the State Board of Workers' Compensation or other regulatory bodies as self-insured employers shall not be eligible for reimbursement from the Subsequent Injury Trust Fund.    (Code 1981, §34-9-351.1, enacted by Ga. L. 1985, p. 1426, § 1.)
GA Code § 34-9-352 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-352. Creation and Authority of Subsequent Injury Trust Fund; State Treasurer as Custodian

 There is established a Subsequent Injury Trust Fund which shall be of a perpetual, nonlapsing nature for the sole purpose of making payments in accordance with this article. The fund shall be administered by the administrator of the Subsequent Injury Trust Fund. All moneys in the fund shall be held in trust and shall not be money or property of the state. The board of trustees created by Code Section 34-9-354 shall be authorized to invest the moneys of the fund in the same manner as provided by law for investments by domestic insurers (Chapter 11 of Title 33). The board of trustees shall be authorized to designate the state treasurer as custodian of the fund for the purpose of investing the fund. In the event the state treasurer is appointed custodian he shall have exclusive control of the investment of the fund; and the trustees shall be absolved of any responsibility for such fund. The custodian shall be authorized to disburse moneys from the fund only upon written order of the administrator.   (Code 1933, § 114-901, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 3/SB 296.)   OPINIONS OF THE ATTORNEY GENERAL    Processing of penalty fines against insurers and employers by board is not one of the purposes  of the Subsequent Injury Trust Fund. 1980 Op. Att'y Gen. No. 80-124.    Subsequent Injury Trust Fund is not authorized to provide funding for personnel position at board  to carry out specific functions of that agency. 1980 Op. Att'y Gen. No. 80-124.   Exemption of fund from payment into general fund.   - The Subsequent Injury Trust Fund is not subject to the requirement that monies be paid into the general fund of the state treasury. 1993 Op. Att'y Gen. No. 93-28.   RESEARCH REFERENCES   ALR.    - Workmen's compensation: compensation as affected by external infection from, or subsequent incident of, original injury, 7 A.L.R. 1186; 102 A.L.R. 790.    Workmen's compensation: construction and effect of provisions in relation to new or new and further disability, 72 A.L.R. 1125.
GA Code § 34-9-353 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 9 - Subsequent Injury Trust Fund|§ 34-9-353. Surety Bonds of Administrator and Custodian

 The administrator and the custodian, before entering upon the performance of their duties, shall each execute and file an official surety bond of not less than $50,000.00. The bonds shall be approved as to form and sufficiency by the Attorney General. The bonds shall be payable to the Subsequent Injury Trust Fund and conditioned upon the faithful performance of the respective duties of the administrator and custodian. The premium for the bonds shall be paid out of the moneys of the Subsequent Injury Trust Fund.   (Code 1933, § 114-902, enacted by Ga. L. 1977, p. 608, § 1.)