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 8 - COMPENSATION FOR OCCUPATIONAL DISEASE (§§ 34-9-280 — 34-9-330) › Part 1 - GENERAL PROVISIONS (§§ 34-9-280 — 34-9-292) › Section 34-9-281 - Prerequisites to compensation for occupational disease

(a)
Where the employer and employee are subject to this chapter, the disablement or death of an employee resulting from an occupational disease shall be treated as the occurrence of an injury by accident; and the employee or, in the case of his or her death, the employee's dependents shall be entitled to compensation as provided by this chapter. The practice and procedure prescribed in this chapter shall apply to all the proceedings under this article except as otherwise provided.
(b)
Except as otherwise provided in this Code section, an employer shall be liable for compensation under this article only where:
(1)
The disease arose out of and in the course of the employment in which the employee was engaged under such employer, was contracted while the employee was so engaged, and has resulted from a hazard characteristic of the employment in excess of the hazards of such disease attending employment in general; and
(2)
The claim for disablement is filed within one year after the date the employee knew or, in the exercise of reasonable diligence, should have known of the disablement and its relationship to the employment; but in no event shall the claim for disablement be filed in excess of seven years after the last injurious exposure to the hazard of such disease in such employment; provided, however, that an employee with asbestosis or mesothelioma related to exposure to asbestos shall have one year from the date of first disablement after diagnosis of such disease to file a claim for disablement. In cases of death where the cause of action was not barred during the employee's life, the claim must be filed within one year of the date of death.
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 8 - COMPENSATION FOR OCCUPATIONAL DISEASE (§§ 34-9-280 — 34-9-330) › Part 1 - GENERAL PROVISIONS (§§ 34-9-280 — 34-9-292) › Section 34-9-282 - Payment of medical and burial expenses of claimants

Any claimant who shall be entitled to compensation under the terms of this article shall be entitled to burial expenses and medical, hospital, and other treatment in the same amounts and with the same limitations and conditions as provided in Code Sections
34-9-200
and
34-9-265
for injured employees.
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 34-9-283 - Applicability to occupational diseases of provisions of Code Section 34-9-263 regarding permanent partial industrial disabilities

The provisions of Code Section
34-9-263
with respect to permanent partial industrial disabilities shall apply in the case of an occupational disease, save and except that there shall be no compensation due or payable for the partial loss of or for partial loss of use of a member or for partial loss of vision of an eye.
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 34-9-284 - Liability of last employer; compensation based on average weekly wage

Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and the insurance carrier, if any, by whom the employer was insured when such employee was last so exposed under such employer shall alone be liable therefor, without right of contribution from any prior employer or insurance carrier. The amount of the compensation for any occupational disease shall be based upon the average weekly wages of the employee, as determined under Code Section
34-9-260
. The date upon which the employee first suffers disablement from the occupational disease or the last date the employee was employed by any employer, whichever date would provide the higher average weekly wage for such employee, shall be deemed the date of the injury for the purpose of determining the average weekly wage; and the notice of injury and claim for compensation, as required by Code Sections
34-9-80
through
34-9-82
,
34-9-85
, and
34-9-86
, shall be given and made to such employer.
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 34-9-285 - Noncompensable disease or infirmity

Where an occupational disease is aggravated by any other disease or infirmity not itself compensable or where disability or death from any other cause not itself compensable is aggravated, prolonged, accelerated, or in any other way contributed to by an occupational disease, the compensation payable shall be reduced and limited only to such proportion of the compensation that would be payable if the occupational disease were the sole cause of the disability or death as such occupational disease, as the causative factor, bears to all the causes of such disability or death. Compensation shall be adjusted by reducing the number of weekly payments or the amounts of such payments as, in the circumstances of the particular case, may be determined by the board.
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 34-9-288 - Applicability of provisions of chapter to article

All of the provisions of this chapter shall be applicable to this article, unless otherwise provided in or inconsistent with this article.
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 8 - COMPENSATION FOR OCCUPATIONAL DISEASE (§§ 34-9-280 — 34-9-330) › Part 1 - GENERAL PROVISIONS (§§ 34-9-280 — 34-9-292) › Section 34-9-289 - Exclusive liability of employer for employee's death or disability from occupational disease

Whenever an employer and employee are subject to this chapter, the liability of the employer under this article for the disablement or death of the employee from an occupational disease in any way incurred by such employee in the course of or because of his employment shall be exclusive and in place of any and all other civil liability whatsoever at common law or otherwise to such employee or to his personal representative, next of kin, spouse, parents, guardian, or any others.
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 34-9-291 - Effect of false representations by employee regarding previous disability from or compensation for occupational disease

No compensation shall be payable for an occupational disease if the employee, in the course of or in the course of entering into the employment of the employer by whom the compensation would otherwise be payable, falsely represented himself in writing to such employer as not having previously been disabled, laid off, or compensated in damages or otherwise because of such disease.
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 34-9-292 - Payment of expenses of board

The total expenses of the State Board of Workers' Compensation for the administration, operation, and proper functioning of the board under this article shall be a proper charge under Code Section
34-9-63
and shall be payable as provided therein.
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 2 - MEDICAL BOARD (§§ 34-9-310 — 34-9-330) › Section 34-9-313 - Power to compel attendance of witnesses and production of records

The medical board shall have the same power to compel the attendance of witnesses and the production of records as the superior courts of this state have to compel the attendance of witnesses and the production of records.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-350 - Purpose and construction of article

It is the purpose of this article to encourage the employment of persons with disabilities by protecting employers from excess liability for compensation when an injury to a disabled worker merges with a preexisting permanent impairment to cause a greater disability than would have resulted from the subsequent injury alone. It shall not be construed to create, increase, or provide any benefits for injured employees or their dependents not otherwise provided by this chapter. The entitlement of an injured employee or dependents to compensation under this chapter shall be determined without regard to this article, the provisions of which shall be considered only in determining whether the employer or insurer who has paid compensation under this chapter is entitled to reimbursement from the Subsequent Injury Trust Fund.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-351 - Definitions

As used in this article, the term:
(1)
"Merger of an injury with a preexisting permanent impairment" describes or means that:
(A)
Had the preexisting permanent impairment not been present, the subsequent injury would not have occurred;
(B)
The disability resulting from the subsequent injury in conjunction with the preexisting permanent impairment is materially, substantially, and cumulatively greater than that which would have resulted had the preexisting permanent impairment not been present, and the employer has been required to pay and has paid compensation for that greater disability; or
(C)
Death would not have been accelerated had the preexisting permanent impairment not been present.
(2)
"Permanent impairment" means any permanent condition due to previous injury, disease, or disorder which is, or is likely to be, a hindrance or obstacle to employment or to obtaining reemployment if the employee should become unemployed.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-351.1 - Exclusion from eligibility for reimbursement of certain self-insured employers

Employers which are self-insured with regard to workers' compensation benefits but which are not authorized by the State Board of Workers' Compensation or other regulatory bodies as self-insured employers shall not be eligible for reimbursement from the Subsequent Injury Trust Fund.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-352 - Creation and authority of Subsequent Injury Trust Fund; state treasurer as custodian

There is established a Subsequent Injury Trust Fund which shall be of a perpetual, nonlapsing nature for the sole purpose of making payments in accordance with this article. The fund shall be administered by the administrator of the Subsequent Injury Trust Fund. All moneys in the fund shall be held in trust and shall not be money or property of the state. The board of trustees created by Code Section
34-9-354
shall be authorized to invest the moneys of the fund in the same manner as provided by law for investments by domestic insurers (Chapter 11 of Title 33). The board of trustees shall be authorized to designate the state treasurer as custodian of the fund for the purpose of investing the fund. In the event the state treasurer is appointed custodian he shall have exclusive control of the investment of the fund; and the trustees shall be absolved of any responsibility for such fund. The custodian shall be authorized to disburse moneys from the fund only upon written order of the administrator.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-353 - Surety bonds of administrator and custodian

The administrator and the custodian, before entering upon the performance of their duties, shall each execute and file an official surety bond of not less than $50,000.00. The bonds shall be approved as to form and sufficiency by the Attorney General. The bonds shall be payable to the Subsequent Injury Trust Fund and conditioned upon the faithful performance of the respective duties of the administrator and custodian. The premium for the bonds shall be paid out of the moneys of the Subsequent Injury Trust Fund.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-354 - Creation and appointment of board of trustees; duties; term of office of members and chairman; oath of office

(a)
There is created a Board of Trustees of the Subsequent Injury Trust Fund composed of five members who shall serve for a term of six years each. One member shall be selected from each of the following fields: the insurance industry; rehabilitation professionals; management; labor; and the public at large. The Commissioner of Insurance and the executive director of the State Board of Workers' Compensation shall be ex officio members of the board of trustees. The ex officio members shall serve without compensation in an advisory capacity only.
(b)
The board of trustees shall be appointed by the Governor, and each member shall serve until his successor is appointed and qualified.
(c)
One member shall be appointed for a period of two years, one member for a period of three years, one member for a period of four years, one member for a period of five years, and one member for a period of six years. Thereafter, each member shall be appointed for a full term of six years or the remainder of an unexpired term.
(d)
The duties of the board of trustees shall include, but not necessarily be limited to, the:
(1)
Appointment of the administrator of the fund and the setting of the compensation of the administrator;
(2)
Establishment of policies, procedures, rules, and regulations incidental to the fund's operations; and
(3)
Approval of the administrative budget of the fund.
(e)
The board of trustees shall elect one of its members as chairman, who shall serve for a period of two years.
(f)
The members of the board of trustees shall be required to take and subscribe before the Governor an oath to discharge the duties of their office faithfully and impartially. This oath shall be in addition to the oath required of all civil officers.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-355 - Appointment of administrator; administration of article; members of retirement system

(a)
The board of trustees shall appoint the administrator of the fund, and he or she shall serve at the pleasure of the trustees and without term of office. All officials, personnel, and employees of the Board of Trustees of the Subsequent Injury Trust Fund are placed in the classified service as defined by Code Section
45-20-2
unless otherwise excluded by law; provided, however, that except for purposes of determining compensation, the administrator shall not be in the classified service.
(b)
The administrator shall administer this article under such policies and rules and regulations as may be adopted by the trustees and shall be authorized to hire such personnel as may be necessary to carry out the purposes of the fund.
(c)
All employees of the fund shall be deemed to be employees of the state and, as such, members of the Employees' Retirement System of Georgia.
Amended by 2012 Ga. Laws 630,§ 2-44, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-356 - Payment of travel expenses of board members, administrator, and employees; per diem allowance of board members

(a)
The members of the board of trustees, the administrator, and the employees of the fund shall be entitled to receive their actual necessary expenses while traveling on the business of the fund, but the expenses shall be sworn to by such person incurring the same.
(b)
The expenses of members of the board of trustees shall be approved by the chairman of the board of trustees, and the expenses of the employees of the fund shall be approved by the administrator.
(c)
The members of the board of trustees shall receive a per diem for each day that the board of trustees is in session which is equal to the per diem allowance paid to members of the General Assembly. The per diem allowance of the members of the board of trustees shall be paid from the operating budget of the administrator.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-357 - Payment of costs of administration; submission and approval of annual budget; audit of funds

(a)
The entire cost of the administration of the fund shall be paid from the assets of the fund.
(b)
The administrator shall annually submit to the board of trustees, under such rules and regulations as the board of trustees may prescribe, a budget of the costs of administration of the fund for the fiscal year. The board of trustees shall submit the proposed budget to the Office of Planning and Budget for comment prior to approval.
(c)
Upon approval by the board of trustees, a copy of the operating budget shall be filed with the custodian of the fund who, on July 1, shall transfer to the administrator's operating account such funds as are required by the budget less any amounts remaining in the operating account from prior years.
(d)
Funds held by the administrator in the operating account shall not in any way be deemed to be appropriated funds but shall be audited annually in the manner provided for other state departments and agencies.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-359 - Reports by employers of compensation and benefits paid; failure to pay assessments

(a)
As soon as practicable after January 1 but not later than January 31 of each calendar year, the administrator shall forward to each insurer and self-insured employer a questionnaire asking for the total amount of compensation, medical benefits, and rehabilitation benefits paid by each insurer and self-insured employer during the preceding calendar year. This report is to be completed and returned to the administrator no later than March 1 of the same calendar year in which the request for this information is submitted. Failure to submit the report to the administrator of the fund by March 1 shall result in an automatic penalty of $50.00 per day for each day the report is delinquent or 10 percent of the assessment, whichever is greater. This penalty will be added to the assessment.
(b)
Any assessment levied or established in accordance with this article in a specified amount as may be determined pursuant to this article shall constitute a personal debt of every employer or insurer so assessed and shall be due and payable to the Subsequent Injury Trust Fund when payment is called for by the administrator. In the event of failure to pay any assessment upon the date determined by the administrator, the administrator may file a complaint for collection against the employer or insurer in a court of competent jurisdiction.
(c)
In the event any employer or insurer duly assessed fails to pay to the administrator on behalf of the Subsequent Injury Trust Fund the amount so assessed on or before the date specified by the administrator, the administrator is authorized to add to the unpaid assessment an amount not exceeding 10 percent of the unpaid assessment and reasonable attorney's fees to defray the cost of enforcing collection.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-360 - Reimbursement of employer or insurer for subsequent injury compensation payments; amounts of and prerequisites to reimbursement from fund

(a)
If an employee who has a permanent impairment incurs a subsequent injury or disease arising out of and in the course of employment, which subsequent injury results in liability for the disability arising from merger of the subsequent injury with the preexisting permanent impairment, the employer or insurer shall in the first instance pay all compensation provided by this chapter. The employer or insurer shall be reimbursed from the Subsequent Injury Trust Fund for all weekly income benefits payments payable after 104 weeks of payment.
(b)
An employer or insurer who has paid medical and rehabilitation expenses on behalf of the employee who comes under this article shall be entitled to reimbursement from the fund on the following basis:
(1)
Fifty percent reimbursement of all medical and rehabilitation expenses which exceed $5,000.00 but do not exceed $10,000.00;
(2)
One hundred percent reimbursement of all medical and rehabilitation expenses paid which exceed $10,000.00.
(c)
As a prerequisite to reimbursement from the fund, the insurer shall be required to certify that the medical and indemnity reserves have been reduced to the threshold limits of reimbursement.
(d)
When the same employer in a claim accepted by the fund for reimbursement returns the injured worker to work with the same employer, the employer shall not be subject to further indemnity or medical deductibles in the event the employee suffers a new accident that merges with the same prior impairment that previously resulted in fund acceptance of the prior reimbursement claim. This provision does not apply if the employee returns to work for a different employer or there has been a break in service by the employee.
(e)
As a prerequisite to reimbursement from the fund, there must be evidence of payment of workers' compensation benefits in accordance with Code Section
34-9-221
or an award of the State Board of Workers' Compensation directing the employer to pay weekly income benefits as a result of the subsequent injury.
(f)
The fund shall reimburse only those indemnity, medical, and rehabilitation expenses that the employer or insurer was legally obligated to pay to the employee or claimant. The fund shall reimburse such expenses at a rate not exceeding the usual and customary charges. The administrator of the fund may refer any medical or rehabilitation expense to the State Board of Workers' Compensation for review and recommendation and, in the event of a dispute between the fund and the employer or insurer, the questioned medical and rehabilitation expense shall be referred to the State Board of Workers' Compensation for approval. This subsection shall apply to any claim filed against the fund on and after July 1, 1987.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-361 - Employer's knowledge of employee's preexisting permanent impairment

It shall be incumbent upon the employer to establish that the employer had reached an informed conclusion prior to the occurrence of the subsequent injury or occupational disease that the preexisting impairment is permanent and is likely to be a hindrance or obstacle to employment or reemployment. Where, however, the employer establishes knowledge of the preexisting permanent impairment prior to the subsequent injury, there shall be a presumption that the employer considered the condition to be permanent and to be, or likely to be, a hindrance or obstacle to employment where the condition is one of the following:
(1)
Epilepsy;
(2)
Diabetes;
(3)
Arthritis which is an obstacle or hindrance to employment or reemployment;
(4)
Amputated foot, leg, arm, or hand;
(5)
Loss of sight of one or both eyes or a partial loss of uncorrected vision of more than 75 percent bilaterally;
(6)
Residual disability from poliomyelitis;
(7)
Cerebral palsy;
(8)
Multiple sclerosis;
(9)
Parkinson's disease;
(10)
Cardiovascular disorders;
(11)
Tuberculosis;
(12)
Intellectual disability, provided the employee's intelligence quotient is such that he falls within the lowest 2 percent of the general population; provided, however, that it shall not be necessary for the employer to know the employee's actual intelligence quotient or actual relative ranking in relation to the intelligence quotient of the general population;
(13)
Psychoneurotic disability following confinement for treatment in a recognized medical or mental institution for a period in excess of six months;
(14)
Hemophilia;
(15)
Sickle cell anemia;
(16)
Chronic osteomyelitis;
(17)
Ankylosis of major weight-bearing joints;
(18)
Hyperinsulism;
(19)
Muscular dystrophy;
(20)
Total occupational loss of hearing as defined in Code Section
34-9-264
;
(21)
Compressed air sequelae;
(22)
Ruptured intervertebral disc; or
(23)
Any permanent condition which, prior to the occurrence of the subsequent injury, constitutes a 20 percent impairment of a foot, leg, hand, or arm, or of the body as a whole.
Amended by 2015 Ga. Laws 70,§ 4-15, eff. 7/1/2015.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-362 - Notice by employer or insurer of claim against fund; request for a hearing

(a)
An employer or insurer shall notify the administrator of the fund of any possible claim against the fund as soon as practicable, but in no event later than 78 calendar weeks following the injury or the payment of an amount equivalent to 78 weeks of income or death benefits, whichever occurs last.
(b)
The claim must be filed in accordance with the requirements of subsection (a) of this Code section prior to the final settlement of the claim.
(c)
Failure to comply with the provisions of subsections (a) and (b) of this Code section will constitute a bar to recovery from the Subsequent Injury Trust Fund.
(d)
For those notices of claim filed with the fund on or before July 1, 2006, the employer or insurer shall have until June 30, 2009, to obtain a reimbursement agreement issued by the fund or the claim for reimbursement shall be deemed automatically denied.
(e)
For those notices of claim filed with the fund after July 1, 2006, the employer or insurer shall have three years from the date the notice was received by the fund to obtain a reimbursement agreement issued by the fund or the claim for reimbursement shall be deemed automatically denied.
(f)
Notwithstanding subsections (d) and (e) of this Code section, if compensability of the underlying workers' compensation claim is at issue before the State Board of Workers' Compensation, then the employer or insurer shall have three years from the date of final adjudication of compensability by the State Board of Workers' Compensation or any appellate court to obtain a reimbursement agreement issued by the fund or the claim for reimbursement shall be deemed automatically denied.
(g)
Upon actual or statutory automatic denial pursuant to subsection (d), (e), or (f) of this Code section, the employer or insurer shall have 20 days from the date of denial to request a hearing with the State Board of Workers' Compensation pursuant to Code Section
34-9-100
; otherwise recovery shall be barred.
Amended by 2006 Ga. Laws 883,§ 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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-363 - Agreements for reimbursement from fund; hearing by State Board of Workers' Compensation in absence of agreement; compromise settlements

(a)
When any employer or insurer and the administrator reach an agreement with respect to reimbursement under this article, it shall be reduced to writing and submitted to the State Board of Workers' Compensation for approval. The board shall consider such an agreement upon receipt thereof and, if it finds it to meet the provisions of this article, shall approve the agreement and issue its order directing the agreed reimbursement.
(b)
If the employer or the insurer fails to reach an agreement with the administrator in regard to reimbursement under this article, either party may make application to the State Board of Workers' Compensation for a hearing in regard to the matters at issue. Such matters shall then be determined in the manner provided for other workers' compensation proceedings and appeals.
(c)
Failure of an employer or insurer to file for a hearing with the State Board of Workers' Compensation within 90 days after the receipt of a formal denial from the Subsequent Injury Trust Fund shall constitute a bar to recovery from the fund.
(d)
The administrator, under the policy or rules and regulations of the board of trustees, shall have the authority to enter into compromise settlements.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-363.1 - Duty to notify administrator of proposed settlement agreements after reimbursement agreement has been reached; approval of such settlement agreements

(a)
After the employer or insurer and the administrator of the Subsequent Injury Trust Fund reach an agreement with respect to reimbursement and either the reimbursement agreement is approved by the State Board of Workers' Compensation or the State Board of Workers' Compensation otherwise orders reimbursement pursuant to Code Section
34-9-363
, the employer or the insurer shall have a continuing obligation to keep the administrator of the Subsequent Injury Trust Fund informed as to any proposed settlement agreement, pursuant to Code Section
34-9-15
, between the employee and the employer or the insurer.
(b)
The employer or the insurer shall obtain the approval from the administrator of the Subsequent Injury Trust Fund for any and all settlement agreements between the employee and the employer or the insurer in all cases where a reimbursement agreement between the employer or the insurer and the Subsequent Injury Trust Fund exists prior to the submitting of the settlement agreement to the State Board of Workers' Compensation for approval; provided, however, that if the employer or insurer fails to obtain the approval from the administrator of the Subsequent Injury Trust Fund for such a settlement agreement, but the State Board of Workers' Compensation approves such agreement, the reimbursement agreement between the employer or the insurer and the Subsequent Injury Trust Fund shall become null and void, and the State Board of Workers' Compensation shall, upon the petition of the administrator of the Subsequent Injury Trust Fund, issue an order rescinding the reimbursement agreement; provided, further, that nothing in this Code section shall prohibit the parties from reaching a compromise settlement as to reimbursement from the Subsequent Injury Trust Fund, upon approval of the State Board of Workers' 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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-364 - Apportionment or denial of reimbursement for expenses paid by employer or insurer

The administrator of the fund may apportion or deny the employer or insurer reimbursement from the fund for medical expense provided by Code Section
34-9-360
where there are clear and unequivocal facts to establish that the subsequent injury to the permanently impaired employee was not caused by or in any way related to the employee's preexisting disability. The apportionment by the administrator shall be subject to the approval of the State Board of Workers' Compensation.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-365 - Injuries to which article is applicable

The effective date of this article is March 23, 1977, but it shall apply only to injuries occurring on or after July 1, 1977.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-366 - Binding of fund to questions determined in proceedings to which it was not a party

The fund shall not be bound as to any question of law or fact by reason of an award or an adjudication to which it was not a party.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-367 - Liability of fund for interest or attorney's fees

The Subsequent Injury Trust Fund shall not be liable for any interest on sums due claiming parties nor shall it be liable for attorney's fees due attorneys of the claiming parties except where it is proven by a preponderance of evidence that the Subsequent Injury Trust Fund has failed or refused to accept a valid claim for reimbursement as provided for under this chapter in whole or in part without reasonable grounds; in such a circumstance, the party seeking reimbursement may be entitled to attorney's fees as provided under subsection (b) of Code Section
34-9-108
.
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 9 - SUBSEQUENT INJURY TRUST FUND (§§ 34-9-350 — 34-9-368) › Section 34-9-368 - Reimbursement of self-insured employers or insureds; actuarial study required; dissolution of Subsequent Injury Trust Fund

(a)
The Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for a subsequent injury for which a claim is made for an injury occurring after June 30, 2006. The Subsequent Injury Trust Fund shall continue to reimburse self-insured employers or insurers for claims for injuries occurring on and prior to June 30, 2006, which qualify for reimbursement.
(b)
Self-insured employers and insurers shall continue to pay assessments pursuant to Code Section
34-9-358
to the extent necessary to fund claims for injuries occurring on and prior to June 30, 2006.
(c)
Upon or in contemplation of the final payment of all claims filed for subsequent injuries for which claims are filed for injuries occurring on and prior to June 30, 2006, the board of trustees shall adopt and implement resolutions providing for the final dissolution of the Subsequent Injury Trust Fund. Such resolutions shall become effective when all claims made for injuries occurring on and prior to June 30, 2006, have been fully paid or otherwise resolved and shall include provisions for:
(1)
The termination of assessments against insurers or self-insurers;
(2)
The pro rata refund of assessments previously collected and unexpended, consistent with the provisions of subsection (f) of Code Section
34-9-358
;
(3)
The termination of employment of the employees of the fund or the transfer of employment of any employees to any other state agency desiring to accept them;
(4)
A final accounting of the financial affairs of the fund; and
(5)
The transfer of the books, records, and property of the fund to the custody of the Department of Insurance.
Upon the completion of all matters provided for in such resolutions, but not later than December 31, 2025, the Subsequent Injury Trust Fund and the members of its board of trustees shall be discharged from their duties except for such personnel necessary to administer any remaining claims.
Amended by 2023 Ga. Laws 79,§ 1, eff. 7/1/2023.
Amended by 2019 Ga. Laws 139,§ 1-98, eff. 7/1/2019.
Amended by 2015 Ga. Laws 185,§ 7, eff. 7/1/2015.
Amended by 2008 Ga. Laws 501,§ 2, eff. 7/1/2008.
Amended by 2005 Ga. Laws 412,§ 1, eff. 5/10/2005.
Added by 2004 Ga. Laws 455, § 1, eff. 7/1/2004.
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 10 - SELF-INSURERS GUARANTY TRUST FUND (§§ 34-9-380 — 34-9-389) › Section 34-9-380 - Purpose of article

It is the purpose of this article through the establishment of a guaranty trust fund to provide for the continuation of workers' compensation benefits due and unpaid, excluding penalties, fines, and attorneys' fees assessed against a participant, when such participant becomes an insolvent self-insurer.
Amended by 2016 Ga. Laws 402,§ 6, eff. 7/1/2016.
Amended by 2010 Ga. Laws 377,§ 4, eff. 7/1/2010.
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 10 - SELF-INSURERS GUARANTY TRUST FUND (§§ 34-9-380 — 34-9-389) › Section 34-9-381 - Definitions

As used in this article, the term:
(1)
"Applicant" means an employee entitled to workers' compensation benefits.
(2)
"Board" means the State Board of Workers' Compensation.
(3)
"Board of trustees" means the board of trustees of the fund.
(4)
"Company" means a corporation, association, partnership, proprietorship, firm, or other form of business organization.
(5)
"Fund" means the Self-insurers Guaranty Trust Fund established by this article.
(6)
"Insolvent self-insurer" means a self-insurer:
(A)
Who files for relief under the federal Bankruptcy Act;
(B)
Against whom involuntary bankruptcy proceedings are filed;
(C)
For whom a receiver is appointed in a federal or state court of this state or any other jurisdiction;
(D)
Who is in default on workers' compensation obligations; or
(E)
Who is determined by the board to be in noncompliance with workers' compensation obligations or requirements under the laws of this state and the rules and regulations of the board.
(7)
"Participant" means a self-insurer who is a member of the fund.
(8)
"Self-insurer" means a private employer, including any hospital authority created pursuant to the provisions of Article 4 of Chapter 7 of Title 31, the "Hospital Authorities Law," that has been authorized to self-insure its payment of workers' compensation benefits pursuant to this chapter. The term "self-insurer" shall not mean or include any of the following:
(A)
Any governmental employer authorized by the board to self-insure;
(B)
Any employer who elects to group self-insure pursuant to Code Section
34-9-152
;
(C)
Captive insurers as provided for in Chapter 41 of Title 33;
(D)
Any employer who, pursuant to any reciprocal agreements or contracts of indemnity executed prior to March 8, 1960, created funds for the purpose of satisfying the obligations of self-insured employers under this chapter; or
(E)
Any individual or company who:
(i)
Enters into a contract or agreement with an employer under which the employer outsources its workers' compensation risks, responsibilities, obligations, or liabilities to such individual or company; and
(ii)
Pursuant to such contract or agreement, is required to provide workers' compensation benefits to an injured employee even though no common-law master-servant relationship or contract of employment exists between the injured employee and the individual or company providing the benefits.
(9)
"Trustee" means a member of the Self-insurers Guaranty Trust Fund board of trustees.
Amended by 2016 Ga. Laws 402,§ 7, eff. 7/1/2016.
Amended by 2010 Ga. Laws 377,§ 4, eff. 7/1/2010.
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 10 - SELF-INSURERS GUARANTY TRUST FUND (§§ 34-9-380 — 34-9-389) › Section 34-9-383 - Membership of board of trustees of fund

(a)
Each member of the board of trustees shall be an employee of a participant. The board of trustees shall consist of a chairperson and six trustees elected by the participants. The board of trustees shall initially be appointed by the Governor not later than August 1, 1990. Three of the initial trustees shall be appointed for terms of office which shall end on January 1, 1993, and the chairperson and the three other initial trustees shall be appointed for terms of office which shall end on January 1, 1995. Thereafter, each trustee shall be elected to a four-year term and shall continue to serve unless otherwise ineligible under subsection (b) of this Code section. No later than 90 days prior to the end of any member's term of office, the chairperson shall select a nominating committee from among the participants to select candidates for election by the participants for the following term. In the event the chairperson fails to complete his or her term of office, a successor shall be elected by the board of trustees to fill the unexpired term of office.
(b)
A vacancy in the office of any elected member of the board of trustees shall occur upon the member's resignation, death, or conviction of a felony or when the trustee's employer no longer qualifies as a self-insured participant or the trustee is no longer an employee of a participant. The board of trustees may remove any trustee from office on a formal finding of incompetence, neglect of duty, or malfeasance in office. Within 30 days after the office of any elected member becomes vacant for any reason, the board of trustees shall elect a successor to fill that office for the unexpired term. Failure to fill the vacant office shall not invalidate any action taken by the board of trustees provided that said action is taken pursuant to an affirmative vote of not less than four trustees.
Amended by 2010 Ga. Laws 377,§ 4, eff. 7/1/2010.
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 10 - SELF-INSURERS GUARANTY TRUST FUND (§§ 34-9-380 — 34-9-389) › Section 34-9-387 - Reimbursement and security deposit from participant for compensation obligations

(a)
The board of trustees shall have the right and duty to obtain reimbursement from any participant for payment of compensation obligations in the amount of the participant's compensation obligations assumed by the board of trustees and paid from the fund by the board of trustees as directed by the board, including, but not limited to, claims for all benefits and reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees.
(b)
The board of trustees shall have the right and obligation to use the security deposit of any participant, its excess insurance coverage, and of any other guarantee to pay the participant's workers' compensation obligation assumed by the board of trustees, including reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees.
(c)
The board of trustees shall be a party in interest in any action or proceeding to obtain the security deposit of a participant for the payment of the participant's compensation obligations, in any action or proceeding under the participant's excess insurance policy, and in any other action or proceeding to enforce an agreement of any security deposit or captive or excess insurance carrier and from any other guarantee to satisfy such obligations. The fund is authorized to file a claim against an insolvent participant or the participant's agents and seek reimbursement for any payments made by the fund on behalf of the participant pursuant to this chapter. The fund is subrogated to the claim of any employee whose benefits are paid by the fund. Further, the fund shall have a lien against any reimbursement payments the participant is entitled to from the Subsequent Injury Trust Fund in an amount equal to the payments made by the fund to satisfy the participant's liability for workers' compensation benefits.
Amended by 2016 Ga. Laws 402,§ 12, eff. 7/1/2016.
Amended by 2010 Ga. Laws 377,§ 4, eff. 7/1/2010.