§ 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 […]
§ 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. History. Code 1933, § 114-826, enacted by Ga. L. 1946, p. 103; Ga. L. 1982, p. […]
§ 34-9-310. Resolution of Medical Questions Resulting From Claims for Compensation
When medical questions are in controversy in any claim for compensation for an occupational disease, the parties may agree to refer the employee to a licensed physician specializing in the diagnosis and treatment of the disease at issue for an independent medical examination and report. In the event that the parties cannot agree on the […]
§ 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. History. Code 1933, § 114-828, enacted by Ga. L. 1963, p. 141, § 19.
§ 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 […]
§ 34-9-351. Definitions
As used in this article, the term: “Merger of an injury with a preexisting permanent impairment” describes or means that: Had the preexisting permanent impairment not been present, the subsequent injury would not have occurred; The disability resulting from the subsequent injury in conjunction with the preexisting permanent impairment is materially, substantially, and cumulatively greater […]
§ 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. History. Code 1981, § 34-9-351.1 , enacted by Ga. L. 1985, p. 1426, § […]
§ 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 […]
§ 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 […]
§ 34-9-281. Prerequisites to Compensation for Occupational Disease
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 […]