reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 8 - EMPLOYMENT SECURITY (§§ 34-8-1 — 34-8-290) › Article 10 - UNEMPLOYMENT TAX AMNESTY (§§ 34-8-270 — 34-8-280) › Section 34-8-275 - Amnesty granted to employers meeting requirements; exceptions

(a)
Amnesty shall be granted for any employer who meets the requirements of Code Section
34-8-274
in accordance with the following:
(1)
For unemployment taxes which are owed as a result of the nonreporting or underreporting of unemployment tax liabilities or the nonpayment of any accounts receivable owed by an eligible employer, the state shall waive criminal prosecution and all civil penalties which may be assessed under any provision of this chapter for the taxable years or periods for which unemployment tax amnesty is requested; and
(2)
With the exception of instances in which the employer and Commissioner enter into an installment payment agreement authorized under subsection (c) of Code Section
34-8-274
, the failure to pay all unemployment taxes and interest as shown on the employer's amnesty unemployment tax return shall invalidate any amnesty granted pursuant to this article.
(b)
This article shall not apply to any employer who is on notice, written or otherwise, of a criminal investigation being conducted by an agency of the state or any political subdivision thereof or the United States, nor shall this article apply to any employer who is the subject of any criminal litigation which is pending on the date of the employer's application in any court of this state or the United States for nonpayment, delinquency, evasion, or fraud in relation to any federal taxes or to any of the unemployment taxes to which this amnesty program is applicable.
(c)
No refund or credit shall be granted for any interest or penalty paid prior to the time the employer requests amnesty pursuant to Code Section
34-8-274
.
(d)
Unless the Commissioner in his or her own discretion redetermines the amount of unemployment taxes and interest due, no refund or credit shall be granted for any unemployment taxes or interest paid under the amnesty program.
(e)
Notwithstanding any provision of this article to the contrary, the Commissioner shall have the right to waive any portion of the interest due on an account receivable when it is demonstrated to the satisfaction of the Commissioner that any deficiency of the employer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud and the collection of the interest by the Commissioner would be contrary to equity and good conscience.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 8 - EMPLOYMENT SECURITY (§§ 34-8-1 — 34-8-290) › Article 10 - UNEMPLOYMENT TAX AMNESTY (§§ 34-8-270 — 34-8-280) › Section 34-8-276 - Interest on installment agreements

All installment agreements authorized under subsection (c) of Code Section
34-8-274
shall bear interest on the outstanding amount of unemployment tax due at the rate prescribed under Code Section
34-8-166
.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 8 - EMPLOYMENT SECURITY (§§ 34-8-1 — 34-8-290) › Article 10 - UNEMPLOYMENT TAX AMNESTY (§§ 34-8-270 — 34-8-280) › Section 34-8-277 - Administrative regulations, forms, and instructions; publicizing program

The Commissioner shall promulgate administrative regulations as necessary, issue forms and instructions, and take all actions necessary to implement the provisions of this article. The Commissioner shall publicize the unemployment tax amnesty program in order to maximize the public awareness of and participation in the program. The Commissioner may, for the purpose of publicizing the unemployment tax amnesty program, contract with any advertising agency within or outside this state.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 8 - EMPLOYMENT SECURITY (§§ 34-8-1 — 34-8-290) › Article 10 - UNEMPLOYMENT TAX AMNESTY (§§ 34-8-270 — 34-8-280) › Section 34-8-278 - Accounting procedures; disposition of collections

For purposes of accounting for the unemployment contributions received pursuant to this chapter, the Commissioner shall maintain an accounting and reporting of funds collected under the amnesty program. All contributions or reimbursements in lieu of contributions collected shall be remitted to the Unemployment Compensation Fund created pursuant to Code Section
34-8-83
.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 8 - EMPLOYMENT SECURITY (§§ 34-8-1 — 34-8-290) › Article 10 - UNEMPLOYMENT TAX AMNESTY (§§ 34-8-270 — 34-8-280) › Section 34-8-279 - Collection fees

(a)
In addition to all other penalties provided under this chapter or any other law, the Commissioner may by regulation impose after the expiration of the unemployment tax amnesty period a cost of collection fee of 20 percent of any deficiency assessed for any taxable period ending or transactions occurring after December 31, 1994. This fee shall be in addition to all other applicable penalties, fees, or costs. The Commissioner shall have the right to waive any collection fee when it is demonstrated that any deficiency of the employer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud.
(b)
In addition to all other penalties provided under this chapter or any other law, the Commissioner may by regulation impose after the expiration of the unemployment tax amnesty period a cost of collection fee of 50 percent of any deficiency for taxable periods ending or transactions occurring on or before December 31, 1994, regardless of when due. This fee shall be in addition to all other applicable penalties, fees, or costs. The Commissioner shall have the right to waive any collection fee when it is demonstrated that any deficiency of the employer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud.
(c)
The provisions of subsections (a) and (b) of this Code section shall not apply to any account or accounts receivable which has been protested pursuant to Code Section
34-8-167
or
34-8-170
as of the expiration of the unemployment tax amnesty period or to any account or accounts receivable on which the employer is remitting timely payments under a payment agreement negotiated with the Commissioner prior to or during the amnesty period.
(d)
The fee levied under subsections (a) and (b) of this Code section shall not apply to unemployment taxes paid pursuant to the terms of the amnesty program.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 8 - EMPLOYMENT SECURITY (§§ 34-8-1 — 34-8-290) › Article 10 - UNEMPLOYMENT TAX AMNESTY (§§ 34-8-270 — 34-8-280) › Section 34-8-280 - Debt collection services

The Commissioner may, for the purpose of collecting any delinquent unemployment tax due from an employer, contract with any debt collection agency or attorney doing business within or outside this state for the collection of such delinquent unemployment tax, including penalties and interest and collections thereon. Without limiting any authority otherwise granted to the Commissioner in Code Section
34-8-169
, the Commissioner may also pay such agency or attorney from the fees authorized in Code Section
34-8-279
.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 8 - EMPLOYMENT SECURITY (§§ 34-8-1 — 34-8-290) › Article 11 - RULES AND REGULATIONS (§ 34-8-290) › Section 34-8-290 - Work share as alternative to layoffs; program requirements

(a)
The Commissioner shall have the authority to adopt, amend, or rescind rules and regulations and to take such other action as deemed necessary or suitable in order to establish a work-sharing program that provides employers with an alternative to layoffs.
(b)
Any work-sharing program so established shall:
(1)
Allow employers to voluntarily reduce employees' hours by 10 to 60 percent in lieu of layoffs and provide employees with a corresponding prorated share of unemployment benefits;
(2)
Conform to the provisions of the definition of short-time compensation program provided in
26 U.S.C. Section 3306(v)
of the Federal Unemployment Tax Act; and
(3)
Include such provisions as are necessary to qualify for available federal reimbursement of benefits and federal short-time compensation administrative grants available, including, but not limited to, any funds available under Title II, Subtitle A of the CARES Act (Public Law 116-136), as amended.
Added by 2020 Ga. Laws 595,§ 2-4, eff. 8/5/2020.
Added by 2020 Ga. Laws 378,§ 5, eff. 6/29/2020.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-2.1 - Exemption of corporate officers; limitation

(a)
A corporate officer or a member of a limited liability company who elects to be exempt from coverage under this chapter shall make such election by giving written certification to the insurer or, if there is no insurer, to the State Board of Workers' Compensation. The right of any corporation or limited liability company to exempt its officers or members from coverage under this chapter is limited as follows:
(1)
A corporation shall not be allowed to exempt more than five corporate officers and a limited liability company shall not be allowed to exempt more than five members; and
(2)
In order for the written certification of exemption to be in effect, the corporate officer must be identified by name as well as by the office held at the time of certification and the member of the limited liability company must be identified by name; and
(3)
Any employer subject to this chapter pursuant to subsection (a) of Code Section
34-9-2
before the filing of any exemptions shall remain subject to this chapter without regard to the number of exemptions filed. However, in the event that there shall be no covered employees once exemptions are elected, no coverage shall be required unless and until additional employees are employed.
(b)
A corporate officer or a member of the limited liability company who has exempted himself or herself by proper certification from coverage under this chapter may at any time revoke such exemption and thereby accept coverage under this chapter by giving certification to such effect in the same manner as provided in subsection (a) of this Code section relative to exemption from coverage.
(c)
No certification given pursuant to subsection (a) or (b) of this Code section shall become effective until it is filed with the proper entity.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-2.2 - Eligibility of sole proprietor or partner for workers' compensation insurance

Any sole proprietor or partner of a business whose employees are eligible for benefits under this chapter may elect to be included as an employee under the workers' compensation insurance coverage of such business if he is actively engaged in the operation of the business and if the insurer is notified of his election to be so included. Any such sole proprietor or partner shall, upon such election, be entitled to the employee benefits and be subject to the employee responsibilities prescribed 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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-2.3 - Election to provide workers' compensation coverage to farm laborers

Notwithstanding the provisions of subsection (a) of Code Section
34-9-2
, relative to the exempt status of individuals employed as farm laborers, an employer of farm laborers may elect to provide workers' compensation coverage to individuals employed as farm laborers by giving written notice to the board in such manner and form as provided by rule of the board. Upon the filing of the notice with the board, the employer of farm laborers shall be deemed an employer for the purposes of this chapter and each individual employed as a farm laborer shall be deemed an employee for the purposes of this chapter. An employer of farm laborers who has filed a notice pursuant to this Code section shall not discontinue the provision of workers' compensation insurance coverage for individuals employed as farm laborers until the notice filed with the board is revoked in a manner to be specified by rule of the board and written notice is given to each affected employee in a manner to be specified by rule of the board.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-2.4 - Work based learning students covered under workers' compensation insurance

(a)
As used in this Code section, the term:
(1)
"Work based learning placement" or "placement" shall have the same meaning as in Code Section
34-9-430
.
(2)
"Work based learning student" or "student" shall have the same meaning as in Code Section
34-9-430
.
(b)
Notwithstanding the provisions of paragraph (2) of Code Section
34-9-1
:
(1)
A work based learning student in a paid work based learning placement for an employer shall be deemed an employee of such employer for purposes of workers' compensation coverage; and
(2)
A work based learning student in an unpaid work based learning placement for an employer shall be deemed an employee of such employer for purposes of workers' compensation coverage unless all of the following conditions apply:
(A)
The placement, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
(B)
The placement is for the benefit of the student;
(C)
The student does not displace regular employees, but works under close supervision of existing staff;
(D)
The employer that provides the training derives no immediate advantage from the activities of the student; and on occasion its operations may actually be impeded;
(E)
The student is not necessarily entitled to a job at the conclusion of the placement; and
(F)
The employer and the student understand that the student is not entitled to wages for the time spent in the placement.
Added by 2016 Ga. Laws 356,§ 3, eff. 7/1/2016.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-3 - Applicability of chapter to employers and employees - Public employees generally

Neither any municipal corporation within the state, nor any political subdivision of the state, nor any employee of any such corporation or subdivision shall have the right to reject the provisions of this chapter relative to payment and acceptance of compensation; and Code Section
34-9-7
shall not apply to them.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-4 - Applicability of chapter to employers and employees - Employees of planning commissions

All planning commissions created pursuant to Ga. L. 1957, p. 420, as amended, relating to the creation of planning commissions by certain political subdivisions, are authorized to provide workers' compensation insurance coverage for their employees. Before any such planning commission can provide any such insurance coverage, it shall adopt an appropriate resolution, at any public meeting of the commission, setting forth the procedure for furnishing and maintaining such insurance coverage. From the date of the adoption of such resolution, the planning commission shall be deemed to be an employer and each of its employees to be an employee within the meaning of this chapter; provided, however, that the planning commission may, by appropriate notice to employees and by proper resolution, elect to withdraw from coverage 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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-5 - Applicability of chapter to employers and employees - Pilots under contract to State Forestry Commission

Notwithstanding Code Section
34-9-1
or any other provision of law, this chapter shall not be deemed to apply to any airplane pilots or their assistants flying patrols for the State Forestry Commission or for any county or counties participating in the forest fire protection program, where the flying services were procured by contracts awarded pursuant to bid. The state does not consent to be sued in any respect, whether at common law or otherwise, with respect to such pilots or contractors employing them. However, nothing in this Code section shall be construed as relieving the contractor from any workers' compensation or other liability which may be owing to such pilot or his beneficiaries under law.
Amended by 2017 Ga. Laws 275,§ 34, eff. 5/9/2017.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-6 - Retroactive inclusion of state and departments in definition of "employer"; resumption of payments of awards previously discontinued

So far as concerns the State of Georgia or any department thereof which has been operating under the terms of this chapter, the state and such departments thereof shall be deemed to have been included in the original Act under the definition of "employer." Any payments heretofore made under awards of the Industrial Board to state employees are ratified and confirmed and any payments of awards which were being made by the state or any of its departments on or before February 1, 1943, but discontinued because of exclusion of the state and its departments from the definition of "employer" shall be resumed as of the date of discontinuance; and compensable accidents which occurred prior to the passage of this chapter for which awards were not made but for which awards are hereafter made shall be paid by the state or the departments thereof in the same manner as other awards heretofore or hereafter 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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-7 - Presumption of applicability of chapter to contracts between employers and employees covered by chapter

Every contract of service between an employer and an employee covered by this chapter, whether such contract is written, oral, or implied, shall be presumed to have been made subject to this chapter except contracts of service between those employers and employees listed in Code Section
34-9-2
.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-8 - Liability of principal contractor or subcontractor for employee injuries

(a)
A principal, intermediate, or subcontractor shall be liable for compensation to any employee injured while in the employ of any of his subcontractors engaged upon the subject matter of the contract to the same extent as the immediate employer.
(b)
Any principal, intermediate, or subcontractor who shall pay compensation under subsection (a) of this Code section may recover the amount paid from any person who, independently of this Code section, would have been liable to pay compensation to the injured employee or from any intermediate contractor.
(c)
Every claim for compensation under this Code section shall be in the first instance presented to and instituted against the immediate employer, but such proceedings shall not constitute a waiver of the employee's right to recover compensation under this chapter from the principal or intermediate contractor. If such immediate employer is not subject to this chapter by reason of having less than the required number of employees as prescribed in subsection (a) of Code Section
34-9-2
and Code Section
34-9-124
does not apply, then such claim may be directly presented to and instituted against the intermediate or principal contractor. However, the collection of full compensation from one employer shall bar recovery by the employee against any others, and the employee shall not collect a total compensation in excess of the amount for which any of the contractors is liable.
(d)
This Code section shall apply only in cases where the injury occurred on, in, or about the premises on which the principal contractor has undertaken to execute work or which are otherwise under his control or management.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-9 - Relief from penalty for failure or neglect to perform statutory duty

Nothing in this chapter shall be construed to relieve any employer or employee from any penalty for failure or neglect to perform any statutory duty.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-10 - Relief of employer from obligations under chapter

No contract or agreement, written, oral, or implied, nor any rule, regulation, or other device shall in any manner operate to relieve any employer in whole or in part from any obligation created by this chapter except as otherwise expressly provided 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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-14 - Provision of substitute systems of compensation; approval by board; grounds and procedure for termination

(a)
Subject to the joint approval of the board and the Commissioner of Insurance, any employer may enter into or continue any agreement with its employees to provide a system of compensation, benefit, or insurance in lieu of the compensation and insurance provided by this chapter. No such substitute system shall be approved unless it complies with the following requirements:
(1)
The benefits provided for injured employees must at least equal the benefits required by this chapter;
(2)
Except as provided in Code Section
34-9-122.1
, no contributions may be required from employees unless the substitute system of compensation confers benefits in addition to this chapter and the contributions are applied to the additional benefits;
(3)
The system must contain all provisions required of a standard policy of workers' compensation insurance issued in this state, including a workers' compensation benefits policy and an employer liability policy, and one of these policies may not be canceled independently of the other policy;
(4)
Any substitute system shall be required to file statistical data which would be required with regard to a standard policy of workers' compensation insurance; and
(5)
Such other standards as are necessary to ensure the compliance of such substitute system with the provisions of this chapter as are jointly promulgated by rule or regulation of the State Board of Workers' Compensation and the Commissioner of Insurance.
(b)
Such substitute system may be terminated by the board on reasonable notice and hearing to the interested parties if it shall appear that the system is not fairly administered or if its operation shall disclose defects threatening its solvency or if for any substantial reason it fails to accomplish the purpose of this chapter and is not in compliance with the provisions of this Code section; and in this case the board shall determine the proper distribution of all remaining assets, if any, subject to the right of any party at interest to take an appeal to the superior court of the county wherein the principal office or chief place of business of the employer is located.
(c)
It is the specific intent of the General Assembly that any alternative system of workers' compensation which is approved by the board and the Commissioner of Insurance pursuant to this Code section shall preserve an employer's immunity from civil action resulting from an injury which is compensable under this chapter as provided in Code Section
34-9-11
, and the provisions of this Code section shall not be construed to the contrary.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-16 - Settlement of questions if approved agreement cannot be reached

All questions arising under this chapter shall be determined by the trial division and the appellate division of the board if the interested parties cannot reach an agreement which is approved by the board.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-17 - Grounds for denial of compensation; burden of proof in establishing grounds for denial

(a)
No compensation shall be allowed for an injury or death due to the employee's willful misconduct, including intentionally self-inflicted injury, or growing out of his or her attempt to injure another, or for the willful failure or refusal to use a safety appliance or perform a duty required by statute.
(b)
No compensation shall be allowed for an injury or death due to intoxication by alcohol or being under the influence of marijuana or a controlled substance, except as may have been lawfully prescribed by a physician for such employee and taken in accordance with such prescription:
(1)
If the amount of alcohol in the employee's blood within three hours of the time of the alleged accident, as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, is 0.08 grams or greater, there shall be a rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol;
(2)
If any amount of marijuana or a controlled substance as defined in paragraph (4) of Code Section
16-13-21
, Code Sections
16-13-25
through
16-13-29
, Schedule I-V, or 21 C.F.R. Part 1308 is in the employee's blood within eight hours of the time of the alleged accident, as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, there shall be a rebuttable presumption that the accident and injury or death were caused by the ingestion of marijuana or the controlled substance; or
(3)
If the employee unjustifiably refuses to submit to a reliable, scientific test to be performed in the manner set forth in Code Section
34-9-415
to determine the presence of alcohol, marijuana, or a controlled substance in an employee's blood, urine, breath, or other bodily substance, then there shall be a rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol or the ingestion of marijuana or a controlled substance.
(c)
With the exception of the rebuttable presumptions set forth above, the burden of proof shall be generally upon the party who claims an exemption or forfeiture under this Code section.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-18 - Civil penalties; costs of collection

(a)
Any person who willfully fails to file any form or report required by the board, fails to follow any order or directive of the board or any of its members or administrative law judges, or violates any rule or regulation of the board shall be assessed a civil penalty of not less than $100.00 nor more than $1,000.00 per violation.
(b)
Any person who knowingly and intentionally makes any false or misleading statement or representation for the purpose of facilitating the obtaining or denying of any benefit or payment under this chapter may be assessed a civil penalty of not less than $1,000.00 nor more than $10,000.00 per violation.
(c)
In addition to the penalty and assessed fees as defined in subsection (b) of Code Section
34-9-126
, the board may assess a civil penalty of not less than $500.00 nor more than $5,000.00 per violation for the violation by any person of Code Section
34-9-121
or subsection (a) of Code Section
34-9-126
.
(d)
Any penalty assessed under subsections (a), (b), and (c) of this Code section shall be final unless within ten days of the date of the assessment the person fined files a written request with the board for a hearing on the matter.
(e)
Any person, firm, or corporation who is assessed a civil penalty pursuant to this Code section may also be assessed the cost of collection. The cost of collection may also include reasonable attorneys' fees.
(f)
All penalties and costs assessed under this Code section shall be tendered and made payable to the State Board of Workers' Compensation. All such penalties shall be deposited in the general fund of the state treasury.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-19 - Penalty for false or misleading statements when obtaining or denying benefits

Any person, firm, or corporation who willfully makes any false or misleading statement or representation for the purpose of obtaining or denying any benefit or payment under this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 or more than $10,000.00 or by imprisonment not to exceed 12 months, or by both such fine and imprisonment. Additionally, any person, firm, or corporation who violates this Code section may also be assessed the cost of investigation or prosecution, or both, in accordance with Chapter 11 of Title 17, relating to the assessment and payment of costs of criminal proceedings. All penalties and costs assessed under this Code section shall be tendered and made payable to the State Board of Workers' Compensation. All such penalties shall be deposited in the general fund of the state treasury.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-20 - Giving of false evidence to board member

Any person who shall knowingly make, give, or produce any false statements or false evidence, under oath, to any member of the board or to any administrative law judge commits the offense of perjury.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-21 - Penalty for receiving unentitled to benefits

Any employee who, with the intent to defraud, receives and retains any income benefits to which he or she is not entitled shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each offense by a fine of not less than $1,000.00 nor more than $10,000.00 or by imprisonment not to exceed one year, or by both such fine and imprisonment.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-22 - Penalty for receipt of unapproved fees or for solicitation of employment for lawyer or physician

Any physician, attorney, or hospital which receives any fee, other consideration, or any gratuity on account of services rendered under this chapter, unless such consideration or gratuity is approved by the board or, upon appeal, by the superior court, or any person who makes it a business to solicit employment for a lawyer or physician or for himself with respect to any claim or award for compensation under this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each offense by a fine not to exceed $5,000.00 or by imprisonment not to exceed one year, or by both such fine and imprisonment.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-23 - Liberal construction of chapter; purpose

This chapter shall be liberally construed only for the purpose of bringing employers and employees within the provisions of this chapter and to provide protection for both. This chapter is intended to provide a complete and exclusive system and procedure for the resolution of disputes between employers and employees who are subject to this chapter concerning accidents and injuries arising out of and in the course of employment as defined by this chapter. The provisions of this chapter shall be construed and applied impartially to both employers and employees.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-24 - Fraud and compliance unit; creation and duties; limitation on liability; authority; whistle blower protection

(a)
There is established within the office of the State Board of Workers' Compensation a fraud and compliance unit. This unit shall assist the chairperson in administratively investigating allegations of fraud and noncompliance and in developing and implementing programs to prevent fraud and abuse. The unit shall promptly notify the appropriate prosecuting attorney's office of any action which involves criminal activity. When so required or requested by the chairperson or the specific district attorney, the unit shall cooperate with the district attorney in the investigation and prosecution of criminal violations.
(b)
The State Board of Workers' Compensation or any employee or agent thereof is not subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature exists against such persons by virtue of the execution of activities or duties under this Code section or by virtue of the publication of any report or bulletin related to the activities or duties under this Code section.
(c)
Fraud investigators employed in the fraud and compliance unit who are certified in compliance with Chapter 8 of Title 35 shall have the authority to execute search warrants and make arrests pursuant to warrants only if such warrants have been issued as the result of a criminal investigation of an alleged violation of this chapter. Such fraud investigators are authorized to serve subpoenas in connection therewith.
(d)
In the absence of fraud or malice, no person or entity who furnishes to the board information relevant and material to suspected fraud under or noncompliance with the workers' compensation laws of this state shall be liable for damages in a civil action or subject to criminal prosecution for the furnishing of such information.
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 1 - GENERAL PROVISIONS (§§ 34-9-1 — 34-9-25) › Section 34-9-25 - Patient self-referral

Physicians treating workers' compensation claimants shall comply with the provisions against patient self-referral as set forth in Chapter 1B of Title 43.
Added by 2006 Ga. Laws 696,§ 1, eff. 7/1/2006.
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 1A - WORKERS' COMPENSATION TRUTH IN ADVERTISING ACT (§§ 34-9-30 — 34-9-32) › Section 34-9-30 - Short title; purpose

(a)
This article shall be known and may be cited as the "Workers' Compensation Truth in Advertising Act of 1995."
(b)
The purpose of this article is to assure truthful and adequate disclosure of all material and relevant information in advertising which solicits persons to engage or consult an attorney or a medical care provider for the purpose of asserting a workers' compensation claim.
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 1A - WORKERS' COMPENSATION TRUTH IN ADVERTISING ACT (§§ 34-9-30 — 34-9-32) › Section 34-9-31 - Notice required as part of television advertisement

Any television advertisement, with broadcast originating in this state, which solicits persons to file workers' compensation claims or to engage or consult an attorney, a medical care provider, or clinic for the purpose of giving consideration to a workers' compensation claim or to market workers' compensation insurance coverage shall contain a notice, which shall be in boldface Roman font 36 point type and appear in a dark background and remain on the screen for a minimum of five seconds as follows:
NOTICE
Willfully making a false or misleading statement or representation to obtain or deny workers' compensation benefits is a crime carrying a penalty of imprisonment and/or a fine of up to $10,000.00.
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 1A - WORKERS' COMPENSATION TRUTH IN ADVERTISING ACT (§§ 34-9-30 — 34-9-32) › Section 34-9-32 - Penalty for violation of notice requirement; advertiser defined

(a)
Any advertiser who violates Code Section
34-9-31
is guilty of a misdemeanor and may be subject to a fine of not less than $1,000.00 nor more than $10,000.00 for each violation.
(b)
For the purposes of this article, "advertiser" means any person who provides workers' compensation claims services which are described in advertisements; any person to whom persons solicited by advertisements are directed to for injuries or the provision of workers' compensation claims related services; or any person paying for the preparation, broadcast, dissemination, or placement of such advertisements.
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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-40 - State Board of Workers' Compensation created; appointment of members; powers and duties of board generally

There is created and established within the executive branch a board to be known as the State Board of Workers' Compensation, composed of three members who shall be appointed by the Governor for a term of four years. Each member shall hold office until his or her successor shall have been appointed and qualified. An individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he or she shall succeed. The board shall have full authority, power, and the duty to promulgate policies, rules, and regulations for the administration of this chapter. The board may promulgate policies, rules, and regulations concerning the electronic submission to and transmission from the board of documents and filings. Additionally, the board shall have full authority to conduct training seminars for the purpose of educating various employers as to their liability regarding workers' compensation claims. Such seminars may be paid for by the board through funding provided from sources other than appropriations made by the General Assembly. Excess funds generated through seminars may be amended into the board's operating budget as approved by the Office of Planning and Budget. Excess funds generated through seminars not amended into the board's operating budget, as determined by the state auditor, shall lapse to the Office of the State Treasurer.
Amended by 2010 Ga. Laws 621,§ 2, eff. 7/1/2010.
Amended by 2005 Ga. Laws 378,§ 2, eff. 7/1/2005.
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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-40.1 - [Repealed] Workers' Compensation Advisory Council; appointment and terms of members; chairman; duties; service without compensation

Repealed by 2001 Ga. Laws 280, § 10, 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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-41 - Appointment and term of chairman of board

The Governor shall appoint one member of the board as chairman, and the appointee shall hold his office for four years and until his successor shall have been appointed and shall have qualified. Any vacancy in the office shall be filled by the Governor for the unexpired portion of the term.
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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-42 - Qualifications and roles of members

(a)
The chairperson of the board shall be a person who, on account of his or her previous employment, affiliation, or experience, shall be considered knowledgeable of the concerns of the public at large. One of the remaining two board members shall be a person who, on account of his or her previous employment, association, or affiliation, shall be knowledgeable of the concerns of employers; and the one remaining member of the board shall be a person whose previous employment or affiliation has been as a member of a group subject to this chapter as an employee, regardless of whether the employment of such person has been with a person, firm, or corporation actually operating under this chapter, and who shall be knowledgeable of the concerns of employees.
(b)
The chairperson and each board member shall be a member of the State Bar of Georgia with at least seven years of practice experience and shall be subject to the Georgia Code of Judicial Conduct.
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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-43 - Oath of office of members

Each member of the board, including the chairman thereof, shall, before entering upon the duties of his office, take an oath for the faithful discharge of his duties.
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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-44 - Bond of members

Each member of the board, including the chairman thereof, shall, before entering upon the duties of his office, execute such bond as may be required by the Governor for the protection of the state and those having business before the board. The expense of such bond is to be paid by the state, such bond to be conditioned upon the faithful discharge of the duties of such member of the board and his faithful accounting for all moneys coming within his custody or control, whether such funds shall be the property of the State of Georgia or of any other person, firm, or corporation.
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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-45 - Removal of members

Any member of the board may be removed by the Governor for neglect of duty or malfeasance in office, provided written charges are served upon the member at least ten days prior to a hearing thereon before the Governor and the constitutional officers of this state; provided, further, that a majority shall find that the member is guilty of the charges preferred under this chapter or that he has ceased to represent the interests on whose behalf he was appointed, but for no other cause.
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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-46 - Quorum

Any two members of the board shall constitute a quorum for the transaction of any business or the rendering of any decision required by this chapter to be made by all of the members.
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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-47 - Trial division and appellate division created; composition; sessions

(a)
There is created and established within the State Board of Workers' Compensation a trial division and an appellate division, which shall exercise judicial functions in implementing this chapter.
(b)
The appellate division shall be composed of the three members of the board who shall serve as appellate administrative law judges. The chairman of the board shall serve as chief administrative law judge of the appellate division. An administrative law judge may be appointed by the board to serve as a member of the board to review cases on appeal; provided, however, not more than one administrative law judge may serve as a member of the board on any case and an administrative law judge who served as the hearing officer in a case may not serve as a member of the board to review the same case on appeal. An administrative law judge appointed to serve as a member of the board pursuant to this subsection shall be counted as a member for the purposes of the quorum requirement of Code Section
34-9-46
.
(c)
The trial division shall be composed of administrative law judges appointed by the board who shall serve as hearing officers and exercise judicial functions in implementing this chapter. An administrative law judge shall have the power to subpoena witnesses and administer oaths and may take testimony in those cases brought before the board. An administrative law judge hearing a case shall make an award, subject to review and appeal as provided in this chapter. An administrative law judge shall be subject to the Georgia Code of Judicial Conduct.
(d)
The appellate division and trial division of the board may hold such sessions as may be deemed necessary at any place within the state, subject to other provisions of this chapter.
Amended by 2016 Ga. Laws 402,§ 1, eff. 7/1/2016.
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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-48 - Designation of members as appellate administrative law judges

All members of the board are designated as appellate administrative law judges in the appellate division of the State Board of Workers' Compensation for the purposes of serving as hearing officers and exercising judicial functions in the implementation of this chapter.