Compilation of Rules and Regulations of the State of Georgia › Department 622 - SUBSEQUENT INJURY TRUST FUND › Chapter 622-1 - ORGANIZATION AND ADMINISTRATION › Rule 622-1-.03 - Payment of Non-Dependency Benefits into the Subsequent Injury Trust Fund

Current through Rules and Regulations filed through June 27, 2024
(1) For accident dates prior to July 1, 1995,
			 the employers' payments to the Subsequent Injury Trust Fund in no-dependency
			 death cases will be initiated through the use of a Subsequent Injury Trust Fund
			 Form "F", referred to as a "No Dependency Agreement." This agreement must be
			 submitted to the State Board of Workers' Compensation for approval and, upon
			 approval, the employer will process the payment in accordance with Code Section
			  34-9-358.
(2)
Payment of Assessments to Fund by
			 Insurers and Self- Insurers.
Each insurer and self-insurer shall make
			 payments to the fund in an amount equal to that proportion of 175 percent of
			 the total disbursement made from the fund during the preceding calendar year
			 less the amount of the net assets in the fund as of December 31 of the
			 preceding calendar year which the total workers' compensation claims paid by
			 the insurer or self-insurer bears to the total workers' compensation claims
			 paid by all insurers and self-insurers during the preceding calendar year. The
			 administrator is authorized to reduce or suspend assessments for the fund when
			 a completed actuarial survey shows further assessments are not needed.
			 Adjustments relative to any prior years' assessment will be added to or
			 credited against each insurer's or self-insurer's most recent calendar year's
			 assessment when total claims losses reported to the fund necessitated revising
			 the prior years' assessment rate. An employer who has ceased to be a
			 self-insurer prior to the end of the calendar year shall be liable to the fund
			 for the assessment of the calendar year and/or the adjusted assessment, if any,
			 of the previous calendar years.
(3)
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. The total amount shall consist of all gross
			 paid losses consisting of indemnity, medical, and rehabilitation benefits paid
			 including those paid through deductibles and self-insured retentions. The
			 insurer or self-insurer may deduct from the gross paid losses those amounts the
			 Subsequent Injury Trust Fund paid during the preceding calendar year, third
			 party (Workers' Compensation) recoveries, and losses under federal compensation
			 laws. Insurers and self-insured employers cannot use paid Workers' Compensation
			 Board and Subsequent Injury Trust Fund assessments to reduce gross claims
			 payments reported. 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 carrying a postmark date on or prior to 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 a specified amount 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.