§ 34-9-358. Payment of Assessments to Fund by Insurers and Self-Insurers; Calculations
Prior to January 1, 2010, each insurer and self-insurer under this chapter shall, under regulations prescribed by the board of trustees, 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 […]
§ 34-9-359. Reports by Employers of Compensation and Benefits Paid; Failure to Pay Assessments
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 […]
§ 34-9-360. Reimbursement of Employer or Insurer for Subsequent Injury Compensation Payments; Amounts of and Prerequisites to Reimbursement From Fund
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 […]
§ 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 […]
§ 34-9-362. Notice by Employer or Insurer of Claim Against Fund; Request for a Hearing
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. The claim must […]
§ 34-9-363. Agreements for Reimbursement From Fund; Hearing by State Board of Workers’ Compensation in Absence of Agreement; Compromise Settlements
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 […]
§ 34-9-363.1. Duty to Notify Administrator of Proposed Settlement Agreements After Reimbursement Agreement Has Been Reached; Approval of Such Settlement Agreements
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 […]
§ 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 […]
§ 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. History. Ga. L. 1977, p. 608, § 3.
§ 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. History. Code 1933, § 114-917, enacted by Ga. L. 1977, p. 608, § 1.