reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-173 - Remedy of deficiencies in surplus or reserve; initiation of insolvency proceedings; assessments upon liquidation

(a)
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.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 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."
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-180 - Officials of funds prohibited from having pecuniary interests in transactions; exceptions

(a)
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.
(b)
No fund shall guarantee any financial obligation of any of its officers, trustees, or administrators.
(c)
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.
(d)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-181 - Administrative fines, probation, or additional penalties

(a)
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:
(1)
Refused, without just cause, to pay proper claims arising under workers' compensation coverage provided by the fund; or
(2)
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.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 1 - MEDICAL ATTENTION (§§ 34-9-200 — 34-9-208) › Section 34-9-202 - Examination of injured employee; request for autopsy; examination by physician designated by employee

(a)
After an injury and as long as he claims compensation, the employee, if so requested by his or her employer, shall submit himself or herself to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer or the board. Such examination may include physical, psychiatric, and psychological examinations.
(b)
The employee shall have the right to have present at such examination any duly qualified physician or surgeon provided and paid by him. No fact communicated to or otherwise learned by any physician or surgeon who may have attended or examined the employee or who may have been present at any examination shall be privileged either in hearings provided for by this chapter or in any action at law brought to recover damages against any employer who may have accepted the compensation provisions of this chapter.
(c)
If the employee refuses to submit himself to or in any way obstructs such examination requested by and provided for by the employer, his right to compensation and his right to take or prosecute any proceedings under this chapter shall be suspended until such refusal or objection ceases; and no compensation shall at any time be payable for the period of suspension unless in the opinion of the board the circumstances justify the refusal or obstruction.
(d)
The employer or the board shall have the right in any case of death to require an autopsy at the expense of the party requesting the same.
(e)
Notwithstanding the rights afforded an employee under Code Section
34-9-201
, the employee, after an accepted compensable injury and within 120 days of receipt of any income benefits, shall have the right to one examination at a reasonable time and place, within this state or within 50 miles of the employee's residence, by a duly qualified physician or surgeon designated by the employee and to be paid for by the employer. Such examination, of which the employer or insurer shall be notified in writing in advance, shall not repeat any diagnostic procedures which have been performed since the date of the employee's injury unless the costs of such diagnostic procedures which are in excess of $250.00 are paid for by a party other than the employer or the insurer. Such examination may include physical, psychiatric, and psychological examinations.
Amended by 2007 Ga. Laws 335,§ 4, eff. 7/1/2007.
Amended by 2001 Ga. Laws 221, § 4, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 1 - MEDICAL ATTENTION (§§ 34-9-200 — 34-9-208) › Section 34-9-204 - Compensation where death or disability caused by nonwork related injury

(a)
No compensation shall be payable for the death or disability of an employee if his or her death is caused by or, insofar as his or her disability, may be aggravated, caused, or continued by a subsequent nonwork related injury which breaks the chain of causation between the compensable injury and the employee's disability.
(b)
It is the intent of the General Assembly that this Code section codify existing case law.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 1 - MEDICAL ATTENTION (§§ 34-9-200 — 34-9-208) › Section 34-9-205 - Board approval of physician's fees, hospital, and other charges; collection of fees; schedule of charges; filing costs for peer review

(a)
Fees of physicians, charges of hospitals, charges for prescription drugs, and charges for other items and services under this chapter shall be subject to the approval of the State Board of Workers' Compensation. No physician, hospital, or other provider of services shall be entitled to collect any fee unless reports required by the board have been made.
(b)
Annually, the board shall publish in print or electronically a list by geographical location of usual, customary, and reasonable charges for all medical services provided under subsection (a) of this Code section. The board may consult with medical specialists in preparing said list. Fees within this list shall be presumed reasonable. No physician or hospital or medical supplier shall bill the employee for authorized medical treatment; provided, however, that if an employee fails to notify a physician, hospital, or medical supplier that he or she is being treated for an injury covered by workers' compensation insurance, such provider of medical services shall not be civilly liable to any person for erroneous billing for such covered treatment if the billing error is corrected by the provider upon notice of the same. The board may require recommendations from a panel of appropriate peers of the physician or hospital or other authorized medical supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board shall consider in its determinations.
(c)
Any party requesting peer review pursuant to the provisions of this Code section shall pay to the board such filing costs for peer review as established by the board; provided, however, that the prevailing party in any peer review request shall be entitled to recover its filing costs, if any, from the party which does not prevail.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
Amended by 2007 Ga. Laws 335,§ 5, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 1 - MEDICAL ATTENTION (§§ 34-9-200 — 34-9-208) › Section 34-9-206 - Reimbursement for costs of medical treatment

(a)
Any party to a claim under this chapter, a group insurance company, or other health care provider who covers the costs of medical treatment for a person who subsequently files a claim under this chapter may give notice in writing to the board at any time during the pendency of the claim that such provider is or should be a party at interest as a result of payments made in the employee's behalf for medical treatment.
(b)
In cases where a group insurance company or other health care provider covers the costs of medical treatment for a person who subsequently files a claim and is entitled to benefits under this chapter, the board shall be authorized to order the employer or workers' compensation insurance carrier to repay the group insurance company or other health care provider the funds it has expended for the claimant's medical treatment, provided that such employer or its workers' compensation insurance carrier is liable under this chapter for such medical treatment and provided, further, that such other provider has become or should be a party at interest pursuant to the provisions of subsection (a) of this Code section. The employer or its workers' compensation insurance carrier deemed liable for such medical treatment shall not be obligated to pay such sums directly to the employee unless, and only to the extent that, it is proven that the employee has paid for such medical treatment himself.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 1 - MEDICAL ATTENTION (§§ 34-9-200 — 34-9-208) › Section 34-9-207 - Employee's waiver of confidentiality of communications with physician; release for medical records and information; refusal to sign release

(a)
When an employee has submitted a claim for workers' compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, that employee shall be deemed to have waived any privilege or confidentiality concerning any communications related to the claim or history or treatment of injury arising from the incident that the employee has had with any physician, including, but not limited to, communications with psychiatrists or psychologists. This waiver shall apply to the employee's medical history with respect to any condition or complaint reasonably related to the condition for which such employee claims compensation. Notwithstanding any other provision of law to the contrary, when requested by the employer, any physician who has examined, treated, or tested the employee or consulted about the employee shall provide within a reasonable time and for a reasonable charge all information and records related to the examination, treatment, testing, or consultation concerning the employee.
(b)
When an employee has submitted a claim for workers' compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, the employee, upon request, shall provide the employer with a signed release for medical records and information related to the claim or history or treatment of injury arising from the incident, including information related to the treatment for any mental condition or drug or alcohol abuse and to such employee's medical history with respect to any condition or complaint reasonably related to the condition for which such employee claims compensation. Said release shall designate the provider to whom the release is directed. If a hearing is pending, any release shall expire on the date of the hearing.
(c)
If the employee refuses to provide a signed release for medical information as required by this Code section and, in the opinion of the board, the refusal was not justified under the terms of this Code section, then such employee shall not be entitled to any compensation at any time during the continuance of such refusal or to a hearing on the issues of compensability arising from the claim.
Amended by 2009 Ga. Laws 40,§ 4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 2 - METHOD OF PAYMENT (§§ 34-9-220 — 34-9-226) › Section 34-9-220 - Period of incapacity preceding payment of compensation

No compensation shall be allowed for the first seven calendar days of incapacity resulting from an injury, including the day of the injury, except the benefits provided for in Code Section
34-9-200
; provided, however, that, if an employee is incapacitated for 21 consecutive days following an injury, compensation shall be paid for such first seven calendar days of incapacity.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 2 - METHOD OF PAYMENT (§§ 34-9-220 — 34-9-226) › Section 34-9-222 - Lump sum payments of all or part of compensation generally

(a)
Upon the application of any party when benefits have been continued for a period of not less than 26 weeks, if the board determines that it is for the best interest of the claimant to prevent extreme hardship or is essential to the rehabilitation of the claimant, the board may order that the liability of the employer for future income benefits be discharged by the payment of a lump sum equal to the sum of all future payments, reduced to their present value upon the basis of interest calculated at 5 percent per annum.
(b)
Under the same requirements of subsection (a) of this Code section, the board may order the employer to make advance payments of a part of the future income benefits by payment of a lump sum equal to such part of future payments. The repayment of partial lump sum advance payments, together with interest of 5 percent per annum, may be accomplished by reducing the period of payment or reducing the weekly benefit, or both, as may be directed by the board.
Amended by 2013 Ga. Laws 203,§ 3, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 2 - METHOD OF PAYMENT (§§ 34-9-220 — 34-9-226) › Section 34-9-223 - Lump sum payments to trustees

Whenever the board deems it expedient, any lump sum, subject to the provisions of Code Section
34-9-222
, or final settlement, subject to the provisions of Code Section
34-9-15
, shall be paid by the employer to some suitable person or corporation appointed by the superior court of the county wherein the accident occurred or the original hearing was held as trustee to administer such payment for the benefit of the person or persons entitled thereto in the manner provided by the board. The receipt by such trustees of the amount so paid shall discharge the employer or anyone else who is liable therefor.
Amended by 2009 Ga. Laws 40,§ 5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 2 - METHOD OF PAYMENT (§§ 34-9-220 — 34-9-226) › Section 34-9-224 - Payment of compensation to employees in service of more than one employer

Whenever any employee whose injury or death is compensable under this chapter shall at the time of the injury be in the joint service of two or more employers subject to this chapter, such employers shall contribute to the payment of such compensation in proportion to their wage liability to such employee; provided, however, that nothing in this Code section shall prevent any reasonable arrangement between such employers for a different distribution as between themselves of the ultimate burden of compensation.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 2 - METHOD OF PAYMENT (§§ 34-9-220 — 34-9-226) › Section 34-9-225 - Effect of written receipt of widow or widower, minor, or guardian upon liability of employer; determination of obligation of employer to rival claimants

(a)
Whenever payment of compensation, in accordance with the terms of this chapter, is made to a widow or widower for her or his use or for her or his use and the use of the child or children, the written receipt thereon of such widow or widower shall release and discharge the employer.
(b)
Whenever payment in accordance with the terms of this chapter is made to any employee 18 years of age or over, the written receipt of such person shall release and discharge the employer. In cases where a person under the age of 18 years shall be entitled to receive a sum or sums amounting in the aggregate to not more than $300.00 as compensation for injuries or as a distributive share by virtue of this chapter, the father or mother as natural guardian or the legally appointed conservator of such person shall be authorized and empowered to receive such moneys for the use and benefit of such person and to receipt therefor; and the release or discharge by such father or mother as natural guardian or by the legally appointed conservator shall be in full and complete discharge of all claims or demands of such person thereunder.
(c)
Whenever payment of over $300.00, in accordance with the terms of this chapter, is provided for a person under 18 years of age or for a person over 18 who is physically or mentally incapable of earning, the payment shall be made to his or her duly and legally appointed conservator or to some suitable person or corporation appointed as trustee by the superior court as provided in Code Section
34-9-223
; and the receipt of such conservator or such trustee shall release and discharge the employer.
(d)
Payment of death benefits by an employer in good faith to a dependent having a claim inferior to that of another or other dependents shall release and discharge the employer unless such dependent or dependents having a superior claim shall have given notice of his or their claim. In case the employer is in doubt as to the respective rights of rival claimants, he may apply to the board to decide between them.
Amended by 2011 Ga. Laws 181,§ 4, eff. 5/12/2011.
Amended by 2004 Ga. Laws 564, § 34, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 3 - LIMITATIONS ON PAYMENT (§§ 34-9-240 — 34-9-245) › Section 34-9-240 - Effect of refusal of suitable employment by injured employee; attempting or refusing to attempt work with restrictions

(a)
If an injured employee refuses employment procured for him or her and suitable to his or her capacity, such employee shall not be entitled to any compensation, except benefits pursuant to Code Section
34-9-263
, at any time during the continuance of such refusal unless in the opinion of the board such refusal was justified.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, if the authorized treating physician releases an employee to return to work with restrictions and the employer tenders a suitable job to such employee within those restrictions, then:
(1)
If such employee attempts the proffered job for eight cumulative hours or one scheduled workday, whichever is greater, but is unable to perform the job for more than 15 working days, then weekly benefits shall be immediately reinstated, and the burden shall be upon the employer to prove that such employee is not entitled to continuing benefits; or
(2)
If such employee attempts the proffered job for less than eight cumulative hours or one scheduled workday, whichever is greater, or refuses to attempt the proffered job, then the employer may unilaterally suspend benefits upon filing with the board the appropriate form with supporting documentation of the release to return to work with restrictions by the authorized treating physician, the tender of a suitable job within those restrictions, and a statement that such employee did not attempt the proffered job. Under those circumstances, the burden shall shift to the employee to prove continuing entitlement to benefits.
Amended by 2013 Ga. Laws 203,§ 4, eff. 7/1/2013.
Amended by 2003 Ga. Laws 86, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 3 - LIMITATIONS ON PAYMENT (§§ 34-9-240 — 34-9-245) › Section 34-9-241 - Effect of subsequent injury on compensation

(a)
Limitation on simultaneous compensation.
If an employee received an injury for which income benefits are payable while still entitled to or receiving income benefits for a previous injury, the employee shall not be entitled to income benefits at the same time for both injuries unless because of the later injury the employee is entitled to income benefits for a permanent partial disability under Code Section
34-9-263
; but the employee shall be entitled to income benefits for that injury and from the time of that injury which will cover the longest period and the largest amount of income benefits payable. Compensation for other than income benefits shall be apportioned upon a determination of whether the need for such is attributable to the first or second injury.
(b)
Limitation on compensation for permanent partial disability.
If an employee received an injury for which income benefits are payable under Code Section
34-9-263
and has a preexisting bodily loss or loss of use as described under Code Section
34-9-263
which was increased by reason of the injury, the employee shall be entitled to income benefits under Code Section
34-9-263
only for the loss or loss of use as increased by the injury. This limitation, however, shall not prevent the employee from continuing to receive income benefits for the preexisting loss or loss of use to which the employee is otherwise entitled under Code Section
34-9-263
.
(c)
Total disability by subsequent injury.
(1)
An employee who has a prior disability as described in Article 9 of this chapter and who sustains a subsequent injury which combines with the prior injury to produce total disability shall be entitled to income benefits as provided in Code Section
34-9-261
. The loss of both hands, feet, arms, legs, or the loss of any two of them or the total loss of vision of both eyes shall be presumed to be total disability, subject to rebuttal.
(2)
An employer who makes payment under this subsection shall be entitled to reimbursement as determined under Article 9 of this chapter.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 3 - LIMITATIONS ON PAYMENT (§§ 34-9-240 — 34-9-245) › Section 34-9-242 - Compensation for injury outside of state

In the event an accident occurs while the employee is employed elsewhere than in this state, which accident would entitle him or his dependents to compensation if it had occurred in this state, the employee or his dependents shall be entitled to compensation if the contract of employment was made in this state and if the employer's place of business or the residence of the employee is in this state unless the contract of employment was expressly for service exclusively outside of this state. If an employee shall receive compensation or damages under the laws of any other state, nothing contained in this Code section shall be construed so as to permit a total compensation for the same injury greater than is provided for in this chapter.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 3 - LIMITATIONS ON PAYMENT (§§ 34-9-240 — 34-9-245) › Section 34-9-243 - Effect of payments made when not due; employer credit or reduction for employer funded payments pursuant to disability plan

(a)
The payment by the employer or the employer's workers' compensation insurance carrier to the employee or to any dependent of the employee of any benefit when not due or of salary or wages or any benefit paid under Chapter 8 of this title, the "Employment Security Law," during the employee's disability shall be credited against any payments of weekly benefits due; provided, however, that such credit shall not exceed the aggregate amount of weekly benefits due under this chapter.
(b)
Except as otherwise provided in this Code section or in a collective bargaining agreement, the employer's obligation to pay or cause to be paid weekly benefits under Code Section
34-9-261
or
34-9-262
shall be reduced by the employer funded portion of payments received or being received by the employee pursuant to a disability plan, a wage continuation plan, or from a disability insurance policy established or maintained by the same employer from whom benefits under Code Section
34-9-261
or
34-9-262
are claimed if the employer did contribute directly to such a plan or policy. The employer funded portion shall be based upon the ratio of the employer's contributions to the total contributions to such plan or policy.
(c)
The credit or reduction of benefits provided in subsection (b) of this Code section shall only be made for those amounts which the employee is entitled to, has received, or is receiving during any period in which benefits under Code Section
34-9-261
or
34-9-262
are claimed.
(d)
The State Board of Workers' Compensation shall promulgate rules for establishing proof of the existence of other benefits. The employer, its insurance carrier, and the employee shall freely release information to each other and the State Board of Workers' Compensation that is material and relevant to the existence of benefits which may be coordinated with entitlements and obligations under this chapter.
(e)
The employer or insurance carrier taking a credit or making a reduction as provided in this Code section shall immediately report to the State Board of Workers' Compensation the amount of any credit or reduction and, as requested by the board, furnish to the board satisfactory proof of the basis for a credit or reduction.
(f)
Subsections (a) and (b) of this Code section shall not apply to payments made to an employee under Code Section
34-9-263
for any permanent partial disability.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 3 - LIMITATIONS ON PAYMENT (§§ 34-9-240 — 34-9-245) › Section 34-9-244 - Reimbursement of provider of disability benefits to person who subsequently files claim

(a)
Any party to a claim under this chapter, a group insurance company, or other disability benefits provider who provides disability benefits for a person who subsequently files a claim under this chapter may give notice in writing to the board at any time during the pendency of the claim that such provider is or should be a party at interest as a result of such disability benefits paid to the employer.
(b)
In cases where a group insurance company or other disability benefits provider pays disability benefits to a person pursuant to an employer paid plan who subsequently files a claim and is entitled to benefits under this chapter, the board shall be authorized to order the employer or its workers' compensation insurance carrier to repay the group insurance company or other disability benefits provider the funds it has expended for such disability benefits and take credit for that amount against income benefits due under this chapter, provided that:
(1)
Such employer or its workers' compensation insurance carrier is liable under this chapter for income benefits;
(2)
Such other provider has become or should be a party at interest pursuant to the provisions of subsection (a) of this Code section; and
(3)
The disability benefits paid are pursuant to a plan funded in whole or in part by the employer or workers' compensation carrier.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 6 - PAYMENT OF COMPENSATION (§§ 34-9-200 — 34-9-245) › Part 3 - LIMITATIONS ON PAYMENT (§§ 34-9-240 — 34-9-245) › Section 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.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 7 - COMPENSATION SCHEDULES (§§ 34-9-260 — 34-9-266) › Section 34-9-261 - Compensation for total disability

While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $800.00 per week nor less than $50.00 per week, except that when the weekly wage is below $50.00, the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, that in the event of a catastrophic injury as defined in subsection (g) of Code Section
34-9-200.1
, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section
34-9-104
.
Amended by 2023 Ga. Laws 259,§ 2, eff. 7/1/2023, app. to injuries that occur on or after 7/1/2023.
Amended by 2022 Ga. Laws 781,§ 1, eff. 7/1/2022.
Amended by 2019 Ga. Laws 260,§ 4, eff. 7/1/2019.
Amended by 2016 Ga. Laws 402,§ 3, eff. 7/1/2016.
Amended by 2015 Ga. Laws 185,§ 3, eff. 7/1/2015.
Amended by 2013 Ga. Laws 203,§ 5, eff. 7/1/2013.
Amended by 2007 Ga. Laws 335,§ 6, eff. 7/1/2007.
Amended by 2005 Ga. Laws 378,§ 7, eff. 7/1/2005.
Amended by 2003 Ga. Laws 86, § 6, eff. 7/1/2003.
Amended by 2001 Ga. Laws 221, § 6, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 7 - COMPENSATION SCHEDULES (§§ 34-9-260 — 34-9-266) › Section 34-9-262 - Compensation for temporary partial disability

Except as otherwise provided in Code Section
34-9-263
, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter but not more than $533.00 per week for a period not exceeding 350 weeks from the date of injury.
Amended by 2023 Ga. Laws 259,§ 3, eff. 7/1/2023, app. to injuries that occur on or after 7/1/2023.
Amended by 2022 Ga. Laws 781,§ 2, eff. 7/1/2022.
Amended by 2019 Ga. Laws 260,§ 5, eff. 7/1/2019.
Amended by 2016 Ga. Laws 402,§ 4, eff. 7/1/2016.
Amended by 2015 Ga. Laws 185,§ 4, eff. 7/1/2015.
Amended by 2013 Ga. Laws 203,§ 6, eff. 7/1/2013.
Amended by 2007 Ga. Laws 335,§ 7, eff. 7/1/2007.
Amended by 2005 Ga. Laws 378,§ 8, eff. 7/1/2005.
Amended by 2003 Ga. Laws 86, § 7, eff. 7/1/2003.
Amended by 2001 Ga. Laws 221, § 7, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 7 - COMPENSATION SCHEDULES (§§ 34-9-260 — 34-9-266) › Section 34-9-263 - Compensation for permanent partial disability

(a)
Definition.
As used in this chapter, "permanent partial disability" means disability partial in character but permanent in quality resulting from loss or loss of use of body members or from the partial loss of use of the employee's body.
(b)
Payment of benefits.
(1)
In cases of permanent partial disability, the employer shall pay weekly income benefits to the employee according to the schedule included within this Code section. These benefits shall be payable without regard to whether the employee has suffered economic loss as a result of the injury, except as herein provided.
(2)
Income benefits due under this Code section shall not become payable so long as the employee is entitled to benefits under Code Section
34-9-261
or
34-9-262
.
(3)
If any employee is receiving benefits under this Code section and experiences a change in condition qualifying the employee for income benefits under Code Section
34-9-261
or
34-9-262
, any payments under this Code section shall cease until further change of the employee's condition occurs.
(c)
Schedule of income benefits.
Subject to the maximum and minimum limitations on weekly income benefits specified in Code Section
34-9-261
, the employer shall pay weekly income benefits equal to two-thirds of the employee's average weekly wage for the number of weeks determined by the percentage of bodily loss or loss of use times the maximum weeks as follows:
Bodily Loss
Maximum Weeks
(1) Arm ...................................
225
(2) Leg ...................................
225
(3) Hand ...................................
160
(4) Foot ...................................
135
(5) Thumb ...................................
60
(6) Index finger ...................................
40
(7) Middle finger ...................................
35
(8) Ring finger ...................................
30
(9) Little finger ...................................
25
(10) Great toe ...................................
30
(11) Any toe other than the great toe ...................................
20
(12) Loss of hearing, traumatic ................
One ear ...................................
75
Both ears ...................................
150
(13) Loss of vision of one eye ...................................
150
(14) Disability to the body as a whole ...................................
300
(d)
Impairment ratings.
In all cases arising under this chapter, any percentage of disability or bodily loss ratings shall be based upon
Guides to the Evaluation of Permanent Impairment,
fifth edition, published by the American Medical Association.
(e)
Loss of more than one major member.
Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision in both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section
34-9-261
.
Amended by 2001 Ga. Laws 221, § 8, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 7 - COMPENSATION SCHEDULES (§§ 34-9-260 — 34-9-266) › Section 34-9-266 - Payment of compensation for time loss, disability, or death resulting from hernia

In all claims for compensation for hernia resulting from injury by accident arising out of and in the course of the employee's employment it must be definitely proved to the satisfaction of the board (1) that there was an injury resulting in hernia, (2) the hernia appeared suddenly, (3) the hernia was accompanied by pain, (4) the hernia immediately followed an accident, and (5) the hernia did not exist prior to the accident for which compensation is claimed. All inguinal, femoral, or other hernias which are proven to be the result of an injury by accident arising out of and in the course of employment shall be treated in a surgical manner by radical operation. If death results from such operation, the death shall be considered as a result of the injury and compensation shall be paid in accordance with Code Section
34-9-265
. In nonfatal cases, time loss only shall be paid unless it is shown by special examination, as provided in Code Section
34-9-202
, that the injured employee has a permanent partial disability resulting from the operation. If so, compensation shall be paid in accordance with Code Section
34-9-263
. In the event the injured employee refuses to undergo the radical operation for the cure of the hernia, no compensation shall be allowed during the time such refusal continues. If, however, it is shown that the employee has some chronic disease or is otherwise in such physical condition that the board considers it unsafe for the employee to undergo such operation, the employee shall be paid as provided in Code Section
34-9-262
.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 8 - COMPENSATION FOR OCCUPATIONAL DISEASE (§§ 34-9-280 — 34-9-330) › Part 1 - GENERAL PROVISIONS (§§ 34-9-280 — 34-9-292) › Section 34-9-280 - Definitions

As used in this article, the term:
(1)
"Disablement" means the event of an employee becoming actually disabled to work, as provided in Code Sections
34-9-261
,
34-9-262
, and
34-9-263
, because of occupational disease.
(2)
"Occupational disease" means those diseases which arise out of and in the course of the particular trade, occupation, process, or employment in which the employee is exposed to such disease, provided the employee or the employee's dependents first prove to the satisfaction of the State Board of Workers' Compensation all of the following:
(A)
A direct causal connection between the conditions under which the work is performed and the disease;
(B)
That the disease followed as a natural incident of exposure by reason of the employment;
(C)
That the disease is not of a character to which the employee may have had substantial exposure outside of the employment;
(D)
That the disease is not an ordinary disease of life to which the general public is exposed;
(E)
That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence.
For the purposes of this paragraph, partial loss of hearing due to noise shall not be considered an occupational disease. Psychiatric and psychological problems and heart and vascular diseases shall not be considered occupational diseases, except where they arise from a separate occupational disease.