§ 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 […]
§ 34-9-368. Reimbursement of Self-Insured Employers or Insureds; Actuarial Study Required; Dissolution of Subsequent Injury Trust Fund
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 […]
§ 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. History. Code 1981, § 34-9-380 , enacted by Ga. L. 1990, […]
§ 34-9-381. Definitions
As used in this article, the term: “Applicant” means an employee entitled to workers’ compensation benefits. “Board” means the State Board of Workers’ Compensation. “Board of trustees” means the board of trustees of the fund. “Company” means a corporation, association, partnership, proprietorship, firm, or other form of business organization. “Fund” means the Self-insurers Guaranty Trust […]
§ 34-9-382. Establishment of Self-Insurers Guaranty Trust Fund; Use of Fund; Application to Be Accepted in Fund
There is established a Self-insurers Guaranty Trust Fund for the sole purpose of making payments in accordance with this article. The fund shall be administered by an administrator appointed by the chairperson of the board of trustees with the approval of the board of trustees. All moneys in the fund shall be held in trust […]
§ 34-9-383. Membership of Board of Trustees of Fund
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 […]
§ 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 […]
§ 34-9-384. General Powers of Board of Trustees
The board of trustees shall possess all powers necessary and convenient to accomplish the objectives prescribed by this article, including, but not limited to, the following: Not later than 90 days from its appointment, the board of trustees must make and submit to the board for approval such bylaws, rules, regulations, and resolutions as are […]
§ 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 […]
§ 34-9-385. Bankruptcy of Participants
Any participant who files for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings are filed or for whom a receiver is appointed shall file written notice of such fact with the board and the board of trustees within 30 days of the occurrence of such event. Any individual who files an application […]