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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-48.1 - Senior administrative law judge of the board

(a)
There is created the office of senior administrative law judge of the board. Any director or administrative law judge who is retired on July 1, 1991, or who shall retire after such date shall be eligible for appointment as a senior administrative law judge if such person is not engaged in the practice of law.
(b)
A senior administrative law judge shall be appointed by the chairman of the State Board of Workers' Compensation and shall serve at the pleasure of the chairman. All persons appointed to the office of senior administrative law judge as provided in this Code section shall receive allowances not to exceed $150.00 per day plus actual and necessary expenses as provided for state employees while traveling on the business of the board, but the expenses shall be sworn to by such person incurring them and shall be approved by the chairman or his designee before payment is made. Said payment shall be made from the per diem and fee allocations in the budget 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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-49 - Appointment and removal of executive director

(a)
There is created the position of executive director of the board. The executive director shall be both appointed and removed by the board. Subject to the general policy established by the board, the executive director shall:
(1)
Plan, organize, direct, supervise, account for, and execute the administrative functions vested in the board; and
(2)
Employ such clerical and other assistants as may be needed.
(b)
All of the salaries and expenses of the board members, executive director, administrative law judges, and assistants of the board shall be audited and paid out of funds appropriated by the General Assembly as prescribed by law and in accordance with rules and regulations prescribed 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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-51 - Payment by state of traveling expenses of members, administrative law judges, and assistants

The members, administrative law judges, and assistants of the State Board of Workers' Compensation shall be entitled to receive their actual and necessary expenses while traveling on the business of the board, either within or without the State of Georgia, but the expenses shall be sworn to by such person incurring them and shall be approved by the chairman or his designee before payment is 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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-52 - Officials, personnel, and employees subject to State Personnel Board; compensation of board members and administrative law judges

(a)
All members of the board, including the chairperson thereof, shall be in the unclassified service, as defined in Code Section
45-20-2
, and shall not be subject to the rules and regulations of the State Personnel Board. The salaries of all members of the board, including the chairperson thereof, shall be as provided in this Code section. The chairperson and each member of the board shall receive an annual salary which is equal to 90 percent of the base annual salary plus cost-of-living adjustments provided in Code Section
45-7-4
for each Judge of the Court of Appeals.
(b)
(1)
Each administrative law judge, whose method of appointment, removal, and terms of office shall remain as now provided by law, shall be in the unclassified service as defined in Code Section
45-20-2
, except for certain compensation purposes, shall not be subject to the rules and regulations of the State Personnel Board. The compensation of the administrative law judges shall be fixed by the board based on a pay grade of the general pay schedule issued pursuant to the rules and regulations of the State Personnel Board and each administrative law judge shall be eligible for increases in compensation as established on the general pay schedule, subject to the review and approval of the board.
(2)
Each administrative law judge employed by the board shall be entitled to any annual cost-of-living adjustment increases provided for all state employees.
(3)
All administrative law judges appointed prior to January 1, 1990, shall be placed on the same pay grade of the general pay schedule and at the step which is the equivalent of one full step above their salary as established on July 1, 1989.
(c)
As a cost-of-living adjustment, the annual base salary of all of the members of the board, including the chairperson thereof, shall be increased by the same percentage provided to state officials by subsection (b) of Code Section
45-7-4
.
(d)
All other officials, personnel, and employees of the board shall be subject to the rules and regulations of the State Personnel Board.
Amended by 2012 Ga. Laws 630,§ 2-43, 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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-53 - Directors emeritus of board - Eligibility for appointment; procedure for appointment

(a)
There is created the office of director emeritus of the board.
(b)
Any director of the board in office on June 30, 2019, shall be eligible for appointment as director emeritus once such member of the board has reached the age of 60 years and has also attained 20 consecutive years of service in the capacity of chairperson, director, deputy director or administrative law judge, member of the General Assembly, or a combination of consecutive service in these offices, provided that not more than five years' service in the General Assembly shall be allowed as service credit under this Code section. The Governor shall appoint to the position of director emeritus anyone eligible under this Code section who shall advise the Governor in writing that he or she desires to resign from the office of director of the board and accept appointment as director emeritus of the board, stating in such notice the date upon which the resignation as director and appointment as director emeritus shall become effective; and upon such notice the Governor shall make such appointment effective upon the date requested, and the resignation as director of the board shall be automatically effective as of the same date as the appointment as director emeritus.
(c)
Notwithstanding the provisions of subsection (b) of this Code section, all persons appointed to the office of director emeritus of the board prior to June 30, 2019, shall continue to hold such office for the term and salary provided for in Code Section
34-9-54
.
Amended by 2019 Ga. Laws 260,§ 1, eff. 7/1/2019.
Amended by 2017 Ga. Laws 275,§ 34, eff. 5/9/2017.
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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-54 - Directors emeritus of board - Term of office; compensation

All persons appointed to the office of director emeritus of the board, as provided and created by Code Section
34-9-53
, shall hold such office for life. A director emeritus shall receive an annual salary in an amount equal to two-thirds of the annual salary provided by law for a director of the board at the time of appointment of the director emeritus, such salary to be paid to such director emeritus by the board in monthly or semimonthly installments out of the funds provided by law for the operation 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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-55 - Directors emeritus of board - Duties

It shall be the duty of a director emeritus of the board to serve in an advisory capacity to the board and to lend his advice and counsel concerning matters of administration of this chapter when called upon to do so by the board; provided, however, that a director emeritus shall not participate directly or indirectly in the hearing or the decision of any cases coming before the board for decision.
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 34-9-56 - Directors emeritus of board - Filling of board vacancies caused by appointment of director emeritus

Vacancies on the board caused by the resignation of a member of the board and his appointment as director emeritus as provided in Code Section
34-9-53
shall be filled in the manner prescribed by law for filling vacancies otherwise occurring on the board, but no vacancy shall be deemed to exist on the board because of the death or resignation of a director emeritus as defined and created by Code Section
34-9-53
.
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 34-9-57 - Creation of administrative law judge emeritus of board; eligibility for appointment; manner of appointment; compensation

(a)
There is created the office of administrative law judge emeritus of the board.
(b)
Any administrative law judge, formerly known as deputy director, of the board in office on June 30, 2019, shall be eligible for appointment as administrative law judge emeritus once he or she has reached the age of 70 years and has either:
(1)
Attained 20 years of service in the capacity of administrative law judge or deputy director; or
(2)
Attained 20 years of total service, aggregating his or her service as administrative law judge or deputy director with any years of prior service as director, member of the General Assembly of Georgia or the Georgia National Guard, or as special assistant attorney general, or any combination of services in these offices.
(c)
An administrative law judge emeritus shall be eligible for appointment by the Governor in the same manner as provided for appointment of a director emeritus under Code Section
34-9-53
and shall exercise the same duties as provided in Code Section
34-9-55
for a director emeritus.
(d)
Notwithstanding the provisions of subsection (b) of this Code section, all persons appointed to the office of administrative law judge emeritus of the board prior to June 30, 2019, shall continue to hold such office and shall receive the annual salary provided for in subsection (e) of this Code section.
(e)
All persons appointed to the office of administrative law judge emeritus as provided in this Code section shall receive an annual salary equal to one-third of the annual salary provided by law for an administrative law judge of the board at the time of appointment of the administrative law judge emeritus under this Code section, such salary to be paid by the board in semimonthly installments from funds provided by law for the operation of the board.
Amended by 2019 Ga. Laws 260,§ 2, eff. 7/1/2019.
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 34-9-58 - Powers and duties of board as to enforcement of chapter generally

The State Board of Workers' Compensation shall exercise all powers and perform all the duties relating to the enforcement of this chapter.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-59 - Adoption of rules of procedure

The board is empowered and authorized to adopt proper rules of procedure to govern the exercise of its functions and hearings before the board or any of its members or administrative law judges.
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 34-9-60 - Rule-making and subpoena powers; service and enforcement of subpoenas

(a)
The board may make rules, not inconsistent with this chapter, for carrying out this chapter. Processes and procedure under this chapter shall be as summary and simple as reasonably possible; provided, however, that, in any proceeding under this chapter where the parties are represented by counsel, the board may require, by rule or regulation, on forms provided by the board, the filing of statements of contentions and points of agreement. The board may promulgate policies, rules, and regulations concerning the electronic submission to and transmission from the board of documents and filings. The board, any member of the board, or any administrative law judge shall have the power for the purposes of this chapter to issue and enforce subpoenas, to administer or cause to have administered oaths, and to examine or cause to be examined such parts of the books and records of the parties to a proceeding as relate to questions in dispute. Article 2 of Chapter 13 of Title 24 shall govern the issuance and enforcement of subpoenas pursuant to this Code section, except that the board, any member of the board, or any administrative law judge shall carry out the functions of the court and the executive director shall carry out the functions of the clerk of the court. The board shall not, however, have the power to order imprisonment as a means of enforcing a subpoena. The board shall have the power to issue writs of fieri facias in order to collect fines imposed pursuant to this Code section and such writs may be enforced in the same manner as a similar writ issued by a superior court.
(b)
In addition to the enforcement procedures provided in subsection (a) of this Code section, the superior court of the county in which the hearing is held shall, on application of the board, any member of the board, or an administrative law judge, enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records.
Amended by 2011 Ga. Laws 52,§; 47, eff. 1/1/2013.
Amended by 2005 Ga. Laws 378,§; 3, 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 34-9-61 - Publication of blank forms and literature; publication of tabulations of accident reports

(a)
The board shall prepare and cause to be printed and, upon request, shall furnish free of charge to any employee or employer such blank forms and literature as it shall deem necessary to facilitate or promote the efficient administration of this chapter.
(b)
The board shall tabulate the accident reports received from employers in accordance with Code Section
34-9-12
and shall publish in print or electronically the same in its annual report and as often as it may deem advisable, in such detailed or aggregate form as it may deem best. The name of the employer or employee shall not appear in such publications, and the employers' reports themselves shall be private records of the board and shall not be open for public inspection except for the inspection of the parties directly involved, and then only to the extent of such interest. These reports shall not be used as evidence against any employer in any action at law brought by any employee for the recovery of damages or in any proceeding under this chapter.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
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 2 - ADMINISTRATION (§§ 34-9-40 — 34-9-63) › Section 34-9-63 - Proration of board's expenses; required annual reports and statements; audit of board; collection of delinquent assessments

(a)
The total expenses of the board shall be prorated among the qualified insurance companies writing compensation insurance in this state, hereinafter referred to as insurers, and employers subject to the provisions of this chapter whose workers' compensation insurance coverage is not written by these companies, hereinafter referred to as self-insurers, including, but not limited to, the state, counties, municipalities, and any political subdivisions or authorities thereof. Such proration shall be on the basis, in the case of the insurers, of the gross earned premium and, in the case of self-insurers, on the basis of the amount of premium which they would have had to pay in the event they had insured their liability with an insurer; provided, however, the board may establish by rule a minimum assessment, based upon the administrative cost necessary to provide licensure support and basic computer management reports for each insurer or self-insurer, to be paid by insurers and self-insurers whose actual prorated assessment otherwise would be less than the minimum assessment. Prorated assessments based on the experience of the previous calendar year shall be made on July 1, based on the budget of the board for that fiscal year.
(b)
Sworn reports of the compensation premium writing of the insurers and sworn payroll statements of others for the preceding calendar year shall be filed with the board not later than March 1 of each year.
(c)
The books of the board shall be audited annually and a copy of such audit shall be available for inspection during normal business hours by all parties among whom the expenses of the board are prorated. All moneys assessed against insurers and others under this chapter shall be paid into the state treasury and held as a special fund solely for the operation of the board to administer this chapter.
(d)
The Attorney General shall enforce collection against insurers and others failing to comply with this Code section, based on reports of violation furnished by the board and investigation; the costs of collection shall be borne by the delinquent party.
(e)
Any insurer, private employer, or governing authority of a public employer that violates any provision of this Code section shall be guilty of a misdemeanor.
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 3 - PROCEDURE (§§ 34-9-80 — 34-9-108) › Part 1 - CLAIMS AND NOTICE OF ACCIDENT (§§ 34-9-80 — 34-9-86) › Section 34-9-80 - Procedure for giving notice of accident; requirements of written notice; effect of failure to give notice

Every injured employee or his representative shall, immediately on the occurrence of any accident or as soon thereafter as practicable, give or cause to be given to the employer, his agent, representative, or foreman, or the immediate superior of the injured employee a notice of the accident. This notice shall be given by the employee either in person or by his representative, and until such notice is given the employee shall not be entitled to any physician's fees nor to any compensation which may have accrued under the terms of this chapter prior to the giving of such notice. In the event that, within 30 days after the accident, neither the employee nor his representative has given a notice in person to the employer, his agent, representative, or foreman, or to the immediate superior of the injured employee, a written notice must be given. This written notice will not be required where an injured employee or his representative has given notice in person to the employer, his agent, representative, or foreman, or to the immediate superior of the injured employee. No compensation will be payable unless such notice, either oral or written, is given within 30 days after the occurrence of an accident or within 30 days after death resulting from an accident unless it can be shown that the employee had been prevented from doing so by reason of physical or mental incapacity, or by fraud or deceit, or that the employer, his agent, representative, or foreman, or the immediate superior of the injured employee had knowledge of the accident, or unless a reasonable excuse is made to the satisfaction of the board for not giving such notice and it is reasonably proved to the satisfaction of the board that the employer had not been prejudiced thereby.
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 3 - PROCEDURE (§§ 34-9-80 — 34-9-108) › Part 1 - CLAIMS AND NOTICE OF ACCIDENT (§§ 34-9-80 — 34-9-86) › Section 34-9-81 - Contents of written notice; manner of delivery

The written notice provided for in Code Section
34-9-80
shall state in ordinary language the name and address of the employee, the time, place, nature, and cause of the accident and of the resulting injury or death and shall be signed by the employee or by a person in his behalf or, in the event of his death, by any one or more of his dependents or by a person in their behalf. No defect or inaccuracy in the notice shall be a bar to compensation unless the employer shall prove that his interest was prejudiced thereby, and then only to the extent of the prejudice. Such notice shall be given personally to the employer, or his agent, representative, or foreman, or to the immediate superior of the injured employee or may be sent by registered or certified mail or statutory overnight delivery addressed to the employer at his last known residence or place of business.
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 3 - PROCEDURE (§§ 34-9-80 — 34-9-108) › Part 1 - CLAIMS AND NOTICE OF ACCIDENT (§§ 34-9-80 — 34-9-86) › Section 34-9-81.1 - Board's duty to provide injured workers with notice of rights, benefits, and obligations

(a)
The board shall provide by rule for the publication of a summary of the rights, benefits, and obligations under this chapter and the distribution of such summary to employers and employees in this state. The board shall provide by rule for the display of such summary by employers in locations accessible to employees.
(b)
Any person who fails or refuses to comply with a rule of the board promulgated pursuant to subsection (a) of this Code section shall be subject to an administrative fine not to exceed $1,000.00.
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 3 - PROCEDURE (§§ 34-9-80 — 34-9-108) › Part 1 - CLAIMS AND NOTICE OF ACCIDENT (§§ 34-9-80 — 34-9-86) › Section 34-9-82 - Limitation period and procedure for filing claims

(a)
The right to compensation shall be barred unless a claim therefor is filed within one year after injury, except that if payment of weekly benefits has been made or remedial treatment has been furnished by the employer on account of the injury the claim may be filed within one year after the date of the last remedial treatment furnished by the employer or within two years after the date of the last payment of weekly benefits.
(b)
The right to compensation for death shall be barred unless a claim therefor is filed within one year after the death of the employee.
(c)
The claim shall be filed with the board and should contain such information as may be prescribed by rule or regulation of the board.
(d)
The filing of any claim for injury or death under this chapter with any of the board's offices throughout the state shall be deemed proper filing with 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 3 - PROCEDURE (§§ 34-9-80 — 34-9-108) › Part 1 - CLAIMS AND NOTICE OF ACCIDENT (§§ 34-9-80 — 34-9-86) › Section 34-9-83 - Priority of claims

All rights of compensation under this chapter shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for claims for unpaid wages for labor.
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 3 - PROCEDURE (§§ 34-9-80 — 34-9-108) › Part 1 - CLAIMS AND NOTICE OF ACCIDENT (§§ 34-9-80 — 34-9-86) › Section 34-9-84 - Assignability of claims

No claim for compensation under this chapter shall be assignable, and all compensation and claims therefor shall be exempt from all claims of creditors.
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 3 - PROCEDURE (§§ 34-9-80 — 34-9-108) › Part 1 - CLAIMS AND NOTICE OF ACCIDENT (§§ 34-9-80 — 34-9-86) › Section 34-9-85 - Claim by guardian or trustee of mental incompetent or minor

If an injured employee is mentally incompetent or is under 18 years of age at the time any right or privilege accrues to him under this chapter, his guardian or trustee may claim and exercise such right or privilege in his behalf.
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 3 - PROCEDURE (§§ 34-9-80 — 34-9-108) › Part 1 - CLAIMS AND NOTICE OF ACCIDENT (§§ 34-9-80 — 34-9-86) › Section 34-9-86 - Applicability of time limits to mental incompetents, minors, and persons proceeding against defunct corporations

No limitation of time provided in this chapter for the giving of notice or making claim shall apply to any person who is mentally incompetent or a minor dependent, as long as he has no guardian or trustee, or to a person who proceeds in good faith against a corporation supposed to have a legal entity but which is proved to be defunct by reason of the expiration of its charter.
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 3 - PROCEDURE (§§ 34-9-80 — 34-9-108) › Part 2 - HEARING AND APPEALS (§§ 34-9-100 — 34-9-108) › Section 34-9-100 - Filing of claims with board; investigation or mediation; hearing; dismissal of stale claims

(a)
Subject to Code Section
34-9-82
, a claim for compensation may be filed with the board at any time following an injury or death. The board and its administrative law judges shall have full authority to hear and determine all questions with respect to such claims.
(b)
The board shall make or cause to be made any investigation or mediation it considers necessary and, upon its own motion or application of any interested party, order a hearing thereon and assign the claim to an administrative law judge for review. Furthermore, the board may direct the parties to participate in mediation conducted under the supervision and guidance of the board.
(c)
Any application for hearing filed with the board pursuant to this Code section, on or after July 1, 1985, but prior to July 1, 2007, for which no hearing is conducted for a period of five years shall automatically stand dismissed.
(d)
(1)
For injuries occurring on or after July 1, 2007, any claim filed with the board for which neither medical nor income benefits have been paid shall stand dismissed with prejudice by operation of law if no hearing has been held within five years of the alleged date of injury.
(2)
This subsection shall not apply to a claim for an occupational disease as defined in Code Section
34-9-280
.
(3)
The form provided by the board for use in filing a workers' compensation claim shall include notice of the provisions of this subsection.
(e)
Any claim, notice, or appeal required by this chapter to be filed with the board shall be deemed filed on the earlier of:
(1)
The date such claim or notice is actually received by the board; or
(2)
The official postmark date such claim or notice was mailed to the board, properly addressed with postage prepaid, by registered or certified mail or statutory overnight delivery.
Amended by 2007 Ga. Laws 335,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 3 - PROCEDURE (§§ 34-9-80 — 34-9-108) › Part 2 - HEARING AND APPEALS (§§ 34-9-100 — 34-9-108) › Section 34-9-101 - Appointment of physician to examine injured employee; payment of fee and expenses of examining physician

The members of the board or any one of them or an administrative law judge may, upon the application of either party or upon their own motion, appoint one or more disinterested and duly qualified physicians or surgeons to make any necessary medical examination of the employee and to report or testify with respect thereto. The physicians or surgeons shall be allowed travel expenses and a reasonable fee, to be paid by either or both parties or by the state, as directed by the board, any member thereof, or an administrative law judge.
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 3 - PROCEDURE (§§ 34-9-80 — 34-9-108) › Part 2 - HEARING AND APPEALS (§§ 34-9-100 — 34-9-108) › Section 34-9-103 - Appeal of decision; remand; reconsideration, amendment, or revision of award

(a)
Any party dissatisfied with a decision of an administrative law judge of the trial division of the State Board of Workers' Compensation may appeal that decision to the appellate division of the State Board of Workers' Compensation which shall have original appellate jurisdiction in all workers' compensation cases. An application for review shall be made to the appellate division within 20 days of issuance of notice of the award. The appellee may institute cross appeal by filing notice thereof within 30 days of the notice of the award. If a timely application for review, cross appeal, or both, is made to the appellate division, the appellate division shall review the evidence and shall then make an award with findings of fact and conclusions of law. A copy of the award so made on review shall immediately be sent to the parties and counsel of record at dispute at their addresses of record. Notice to counsel of record of a party shall constitute service of notice to the party, if a copy of the award was sent to the address of record of said party. Upon review, the appellate division may remand to an administrative law judge in the trial division any case before it for the purpose of reconsideration and correction of apparent errors and omissions and issuance of a new award, with or without the taking of additional evidence, or for the purpose of taking additional evidence for consideration by the appellate division in rendering any decision or award in the case. The findings of fact made by the administrative law judge in the trial division shall be accepted by the appellate division where such findings are supported by a preponderance of competent and credible evidence contained within the records.
(b)
Within the time limit provided by subsection (a) of this Code section for review by the board of an award made in accordance with Code Section
34-9-102
or within the time limit provided by Code Section
34-9-105
for appeal to a superior court, upon or without the suggestion of a party to the proceedings and notwithstanding the filing of an application for review or appeal, the board or any of its members or administrative law judges issuing an award shall have authority to reconsider, amend, or revise the award to correct apparent errors and omissions. Should an amended or revised award be issued, the time period for filing an application for review of the amended or revised award under subsection (a) of this Code section or for filing appeal to a superior court under Code Section
34-9-105
shall commence upon the date of issuance of the amended or revised award.
Amended by 2009 Ga. Laws 40,§ 2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 3 - PROCEDURE (§§ 34-9-80 — 34-9-108) › Part 2 - HEARING AND APPEALS (§§ 34-9-100 — 34-9-108) › Section 34-9-106 - Entry and execution of judgment on settlement agreement, final order or decision, or award; modification and revocation of orders and decrees

(a)
Any party in interest in a matter involving an injury may file in the superior court of the county in which the injury occurred or, if the injury occurred outside this state or if the matter does not involve an injury, in the county in which the original hearing was had, a certified copy of:
(1)
A settlement agreement approved by the board;
(2)
A final order or decision of the board;
(3)
An unappealed award of the board;
(4)
An award of the board affirmed upon appeal; or
(5)
Any final order or decision regarding the Self-insurers Guaranty Trust Fund,
whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by such court; provided, however, that where the payment of compensation is insured or provided for in accordance with this chapter, no such judgment shall be entered nor execution thereon issued except upon application to the court and for good cause shown.
(b)
Upon presentation to the court of the certified copy of a decision of the board ending, diminishing, or increasing a weekly payment under the provisions of this chapter, particularly of Code Section
34-9-104
, the court shall revoke or modify the order or decree to conform to such decision of the board.
Amended by 2010 Ga. Laws 377,§ 2, 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 3 - PROCEDURE (§§ 34-9-80 — 34-9-108) › Part 2 - HEARING AND APPEALS (§§ 34-9-100 — 34-9-108) › Section 34-9-107 - Interest payable on final award of board in the event of appeal

Any final award for compensation entered by the board shall bear interest at the legal rate of 12 percent on all accrued amounts and on all amounts accruing prior to final judgment in the event of an appeal being taken from the board in the same manner in which it is now provided that interest shall run on a judgment of the superior court in the event an appeal is taken therefrom.
Amended by 2001 Ga. Laws 221, § 1, 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 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-120 - Employer's duty to insure payment of compensation

Every employer subject to the compensation provisions of this chapter shall insure the payment of compensation to his employees in the manner provided in this article; and, while such insurance remains in force, he or those conducting his business shall be liable to any employee for personal injury or death by accident only to the extent and in the manner specified in this article.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-122 - Type of insurance policy to be issued; promulgation of rules and regulations when accident prevention and safety engineering are questioned

Any policy of insurance issued under this chapter shall be the standard workers' compensation policy of insurance containing the usual and customary provisions found in such policies and shall include a provision that the premium charge shall be promptly paid. If there is any question regarding the lack of accident prevention and safety engineering with respect to a particular risk, reasonable rules and regulations are to be promulgated, which shall be put into full force and effect when approved by the board. The requirements of this Code section and Code Sections
34-9-131
through
34-9-134
shall be in addition to anything required of insurance companies under the general laws of this state as embodied in Title 33.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-122.1 - Workers' compensation health benefits pilot projects

(a)
Notwithstanding any provision of this chapter to the contrary, workers' compensation health benefits pilot projects are authorized under the provisions of this Code section.
(b)
The Commissioner of Insurance shall adopt rules to enable employers and employees to enter into agreements to provide the employees with workers' compensation medical payments benefits through comprehensive health insurance that covers workplace injury and illness. The Commissioner of Insurance shall review all pilot project proposals and may approve a proposal only if it confers medical benefits upon injured employees substantially similar to benefits available under this chapter. The Commissioner shall revoke approval if the pilot project fails to deliver the intended benefits to the injured employees.
(c)
The comprehensive health insurance may provide for health care by a health maintenance organization or a preferred provider organization. The premium must be paid entirely by the employer. The program may use deductibles, coinsurance, and copayment by the employees not to exceed $5.00 per visit or $50.00 maximum per occurrence.
(d)
The Commissioner of Insurance shall report annually to the standing committees of the General Assembly having jurisdiction over insurance and labor matters by November 1 on the status of any pilot projects approved by the Commissioner.
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 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-123 - Policy provisions regarding effect of notice or knowledge by insured employer as to occurrence of injury

All policies insuring the payment of compensation under this chapter, including all contracts of mutual, reciprocal, or interinsurance must contain a clause to the effect that, as between the employer and the insurer or insurers, the notice to or knowledge of the occurrence of the injury on the part of the insured employer shall be deemed notice or knowledge, as the case may be, on the part of the insurer or insurers; that jurisdiction of the insured, for the purposes of this chapter, shall be jurisdiction of the insurer or insurers; and that the insurer or insurers shall in all things be bound by and subject to awards, judgments, or decrees rendered against such insured 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 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-124 - Policy or contract of insurance to contain agreement of insurer to pay compensation; payment of compensation when employer or employee exempt from provisions of chapter

(a)
No policy or contract of insurance shall be issued unless it contains the agreement of the insurer or insurers that it or they will promptly pay all benefits conferred by this chapter and all installments of the compensation that may be awarded or agreed upon to the person entitled to them and that the obligation shall not be affected by any default of the insured after the injury or by any default in giving notice required by such policy or otherwise. Such agreement shall be construed to be a direct promise by the insurer or insurers to the person entitled to compensation and shall be enforceable in his name.
(b)
A policy of insurance issued under this chapter shall always first be construed as an agreement to pay compensation; and an insurer who issues a policy of compensation insurance to an employer not subject to this chapter shall not plead as a defense that the employer is not subject to the chapter; and an insurer who issues to an employer subject to this chapter a policy of compensation insurance covering an employee or employees ordinarily exempt from its provisions shall not plead the exemption as a defense. In either case compensation shall be paid to an injured employee or to the dependents of a deceased employee for a compensable accident as if the employer or the employee or both were subject to this chapter, the policy of compensation insurance constituting a definite contract between all parties concerned.
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 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-124.1 - Optional deductibles to be offered by insurers

(a)
Each insurer issuing a policy under this chapter shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter. Deductible amounts offered shall be fully disclosed to the prospective policyholder in writing in the amount of $100.00, $200.00, $300.00, $400.00, $500.00, or increments of $500.00 up to a maximum of $2,500.00 per compensable claim. The policyholder exercising the deductible option shall choose only one deductible amount.
(b)
If the policyholder exercises the option and chooses a deductible, the insured employer shall be liable for the amount of the deductible for benefits paid for each compensable claim of work injury suffered by an employee. The insurer shall pay all or part of the deductible amount, whichever is applicable to a compensable claim, to the person or provider entitled to the benefits conferred by this chapter and then seek reimbursement from the insured employer for the applicable deductible amount. The payment or nonpayment of deductible amounts by the insured employer to the insurer shall be treated under the policy insuring the liability for workers' compensation in the same manner as payment or nonpayment of premiums.
(c)
Optional deductibles shall be offered in each policy insuring liability for workers' compensation which is issued, delivered, issued for delivery, or renewed under this chapter on or after July 1, 1990, unless an insured employer and insurer agree to renegotiate a workers' compensation policy in effect on July 1, 1990, so as to include a provision allowing for a deductible.
(d)
Premium reduction for deductibles shall be determined before the application of any experience modification, premium surcharge, or premium discounts. To the extent that an employer's experience rating or safety record is based on benefits paid, money paid by the insured employer under a deductible as provided in this Code section shall not be included as benefits paid so as to harm the experience rating of such employer.
(e)
This Code section shall not apply to employers who are approved to self-insure against liability for workers' compensation or group self-insurance funds for workers' compensation established pursuant to Article 5 of this chapter.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-124.2 - Restrictions on requirements requiring recipients of benefits to utilize out-of-state mail order pharmacy services

(a)
A policy, plan, or contract of workers' compensation insurance issued under this chapter may not be issued, delivered, issued for delivery, or renewed on or after July 1, 1990, and a certificate of authority for a group self-insurance fund under Article 5 of this chapter may not be issued or renewed on or after July 1, 1990, if such policy, plan, contract, or fund requires that recipients of benefits thereunder obtain pharmacy services, including but not limited to prescription drugs, from an out-of-state mail order pharmacy or which requires that such recipients who do not utilize an out-of-state mail order pharmacy must pay a copayment fee or have imposed any other condition for the receipt of pharmacy services when that payment or condition is not imposed upon those recipients who utilize an out-of-state mail order pharmacy for those services.
(b)
An employer who provides workers' compensation benefits as a self-insurer under this chapter may not require that any recipient of benefits under that self-insurance plan who becomes an employee of that employer on or after July 1, 1990, and who obtains pharmacy services under that plan, including but not limited to prescription drugs, must obtain those services from an out-of-state mail order pharmacy or must pay a copayment fee or have imposed any other condition for the receipt of pharmacy services when that payment or condition is not imposed upon those recipients who utilize an out-of-state mail order pharmacy for those services.
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 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-125 - Insurance policies subject to chapter; approval of policy or contract forms by board; exceptions

Every policy insuring the payment of compensation provided for in this article or insuring against liability for payment of such compensation, including all contracts of mutual, reciprocal, or interinsurance, shall be deemed to be made subject to this chapter. No corporation, association, or organization and no mutual, reciprocal, or interinsurers shall enter into or make any such policy or contract of insurance unless its form shall have been approved by the board. This chapter shall not apply to policies of insurance against loss from explosion of boilers or flywheels or other similar catastrophic hazards.
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 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-126 - Filing by employer of evidence of compliance with insurance requirements; assessment of attorney's fees and increased compensation against employer who fails to file

(a)
Every employer subject to the compensation provisions of this chapter shall file with the board in the form prescribed by the board, annually or as often as the board in its discretion may deem necessary, evidence satisfactory to the board of his compliance with Code Section
34-9-121
and all other Code sections relating thereto.
(b)
Any employer subject to the compensation provisions of this chapter who refuses or willfully neglects to comply with subsection (a) of this Code section shall be guilty of a misdemeanor. In hearing any application for compensation by an injured employee of such delinquent employer, the board may assess compensation against such employer in an amount 10 percent greater than that provided for in this chapter and, in addition to the increased compensation, shall also fix a reasonable attorney's fee to be paid by the employer to the representative of the employee. The attorney's fee and the increased compensation shall be due and payable at once, and their payment shall be enforced as provided elsewhere in this chapter.