2007 Workers' Compensation Statutes

Posted on June 22, 2008 by Seth Bader
O.C.G.A. § 34-9-1 Definitions
O.C.G.A. § 34-9-2 Applicability of chapter to employers and employees ---- Generally
O.C.G.A. § 34-9-2.1 Exemption of corporate officers; limitation
O.C.G.A. § 34-9-2.2 Eligibility of sole proprietor or partner for workers' compensation insurance
O.C.G.A. § 34-9-2.3 Election to provide workers' compensation coverage to farm laborers
O.C.G.A. § 34-9-2.4 Workers' compensation coverage for persons performing voluntary services for Olympic Games; repealer
O.C.G.A. § 34-9-3 Applicability of chapter to employers and employees -- Public employees generally
O.C.G.A. § 34-9-4 Applicability of chapter to employers and employees -- Employees of planning commissions
O.C.G.A. § 34-9-5 Applicability of chapter to employers and employees -- Pilots under contract to Georgia Forestry Commission
O.C.G.A. § 34-9-6 Retroactive inclusion of state and departments in definition of "employer"; resumption of payments of awards previously discontinued
O.C.G.A. § 34-9-7 Presumption of applicability of chapter to contracts between employers and employees covered by chapter
O.C.G.A. § 34-9-8 Liability of principal contractor or subcontractor for employee injuries
O.C.G.A. § 34-9-9 Relief from penalty for failure or neglect to perform statutory duty
O.C.G.A. § 34-9-10 Relief of employer from obligations under chapter
O.C.G.A. § 34-9-11 Exclusivity of rights and remedies granted to employee under chapter; immunity granted to construction design professionals
O.C.G.A._§_34_9_11.1 Employee's or survivor's right of action against person other than employer; subrogation lien of employer; rights of employer or insurer upon failure of employee to bring action; attorney fees; retroactive application
O.C.G.A. § 34-9-12 Employer's record of injuries; availability of board records; supplementary report on termination of disability; penalties; routine reports
O.C.G.A. § 34-9-13 Definitions; persons presumed next of kin; apportionment of payments among partial and total dependents; termination of dependency 
O.C.G.A. § 34-9-14 Provision of substitute systems of compensation; approval by board; grounds and procedure for termination
O.C.G.A. § 34-9-15 Procedure for settlement between parties generally; approval by board; finality of settlement; lump sum settlements     
O.C.G.A. § 34-9-16 Settlement of questions if approved agreement cannot be reached
O.C.G.A. § 34-9-17 Grounds for denial of compensation; burden of proof in establishing grounds for denial
O.C.G.A. § 34-9-18 Civil penalties; costs of collection
O.C.G.A. § 34-9-19 Penalty for false or misleading statements when obtaining or denying benefits 
O.C.G.A. § 34-9-20 Giving of false evidence to board member
O.C.G.A. § 34-9-21 Penalty for receiving unentitled to benefits
O.C.G.A. § 34-9-22 Penalty for receipt of unapproved fees or for solicitation of employment for lawyer or physician
O.C.G.A. § 34-9-23 Liberal construction of chapter; purpose
O.C.G.A. § 34-9-24 Fraud and compliance unit; creation and duties; limitation on liability; authority; whistle blower protection
O.C.G.A. § 34-9-25 Patient self-referral
O.C.G.A. § 34-9-30 Short title; purpose
O.C.G.A § 34-9-31 Notice required as part of television advertisement
O.C.G.A. § 34-9-32 Penalty for violation of notice requirement; advertiser defined
O.C.G.A. § 34-9-40 State Board of Workers' Compensation created; appointment of members; powers and duties of board generally
O.C.G.A._§_34_9_40.1 Workers' Compensation Advisory Council; appointment and terms of members; chairman; duties; service without compensation
O.C.G.A. § 34-9-41 Appointment and term of chairman of board
O.C.G.A. § 34-9-42 Qualifications and roles of members
O.C.G.A. § 34-9-43 Oath of office of members
O.C.G.A. § 34-9-44 Bond of members
O.C.G.A. § 34-9-45 Removal of members
O.C.G.A. § 34-9-46 Quorum
O.C.G.A. § 34-9-47 Trial division and appellate division created; composition; sessions
O.C.G.A. § 34-9-48 Designation of members as appellate administrative law judges  
O.C.G.A. § 34_9_48.1 Senior administrative law judge of the board
O.C.G.A. § 34-9-49 Appointment and removal of executive director
O.C.G.A. § 34-9-50 Appointment of secretary-treasurer; employment of clerical and other assistants; payment of salaries and expenses of members, deputy directors, and assistants
O.C.G.A. § 34-9-51 Payment by state of traveling expenses of members, administrative law judges, and assistants
O.C.G.A. § 34-9-52 Officials, personnel, and employees subject to state merit system; compensation of board members and administrative law judges
O.C.G.A. § 34-9-53 Directors emeritus of board -- Eligibility for appointment; procedure for appointment
O.C.G.A. § 34-9-54 Directors emeritus of board -- Term of office; compensation
O.C.G.A. § 34-9-55 Directors emeritus of board -- Duties
O.C.G.A. § 34-9-56 Directors emeritus of board -- Filling of board vacancies caused by appointment of director emeritus
O.C.G.A. § 34-9-57 Creation of administrative law judge emeritus of board; eligibility for appointment; manner of appointment; compensation 
O.C.G.A. § 34-9-58 Powers and duties of board as to enforcement of chapter generally
O.C.G.A. § 34-9-59 Adoption of rules of procedure
O.C.G.A. § 34-9-60 Rule-making and subpoena powers; service and enforcement of subpoenas
O.C.G.A. § 34-9-61 Publication of blank forms and literature; publication of tabulations of accident reports
O.C.G.A. § 34-9-62 Limitations on authority of Commissioner of Labor with respect to officers or employees of board
O.C.G.A. § 34-9-63 Proration of board's expenses; required annual reports and statements; audit of board; collection of delinquent assessments
O.C.G.A. § 34-9-80 Procedure for giving notice of accident; requirements of written notice; effect of failure to give notice
O.C.G.A. § 34-9-81 Contents of written notice; manner of delivery
O.C.G.A. § 34_9_81.1 Board's duty to provide injured workers with notice of rights, benefits, and obligations
O.C.G.A. § 34-9-82 Limitation period and procedure for filing claims
O.C.G.A. § 34-9-83 Priority of claims
O.C.G.A. § 34-9-84 Limitation period and procedure for filing claims
O.C.G.A. § 34-9-85 Claim by guardian or trustee of mental incompetent of minor        
O.C.G.A. § 34-9-86 Applicability of time limits to mental incompetents, minors, and persons proceeding against defunct corporations
O.C.G.A. § 34-9-100 Filing of claims with board; investigation or mediation; hearing; dismissal of stale claims
O.C.G.A. § 34-9-101 Appointment of physician to examine injured employee; payment of fee and expenses of examining physician
O.C.G.A. § 34-9-102 Hearing before administrative law judge
O.C.G.A. § 34-9-103 Appeal of decision; remand; reconsideration, amendment, or revision of award
O.C.G.A. § 34-9-104 Modification of award or order contained in prior decision in event of change in condition
O.C.G.A. § 34-9-105 When award deemed final; appeal to superior court; grounds for setting aside decisions; appeal to Court of Appeals
O.C.G.A. § 34-9-106 Entry and execution of judgment on settlement agreement, final order or decision, or award; modification and revocation of orders and decrees
O.C.G.A. § 34-9-107 Interest payable on final award of board in the event of appeal      
O.C.G.A. § 34-9-108 Approval of attorney's fees by board; assessment of fees against the offending party; restrictions on attorney advertisement and division of fees; payment of fees or expenses
O.C.G.A. § 34-9-120 Employer's duty to insure payment of compensation
O.C.G.A. § 34-9-121 Duty of employer to insure in licensed company or association or to deposit security, indemnity, or bond as self-insurer; membership in mutual insurance company
O.C.G.A. § 34-9-122 Type of insurance policy to be issued; promulgation of rules and regulations when accident prevention and safety engineering are questioned
O.C.G.A.§ 34_9_122.1 Workers' compensation health benefits pilot projects
O.C.G.A. § 34-9-123 Policy provisions regarding effect of notice or knowledge by insured employer as to occurrence of injury
O.C.G.A. § 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
O.C.G.A._§_34_9_124.1 Optional deductibles to be offered by insurers
O.C.G.A._§_34_9_124.2 Restrictions on requirements requiring recipients of benefits to utilize out-of-state mail order pharmacy services
O.C.G.A. § 34-9-125 Insurance policies subject to chapter; approval of policy or contract forms by board; exceptions
O.C.G.A. § 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
O.C.G.A. § 34-9-127 Issuance by board of certificate of self-insurance; review; revocation
O.C.G.A. § 34-9-128 Inspection of place of employment and injury records; penalty for noncompliance
O.C.G.A. § 34-9-129 Furnishing of bond by insurance companies doing workers' compensation business in state; bringing of actions upon bond; posting of security in lieu of bond
O.C.G.A. § 34-9-130 Authority of Commissioner of Insurance to investigate rates; assistance by board in investigations
O.C.G.A._§_34_9_130.1 Policies or contracts of insurance against liability for compensation under this chapter
O.C.G.A. § 34-9-131 Insurer permit requirement; claim office within state
O.C.G.A. § 34-9-132 Grounds for revocation of insurance carrier's permit
O.C.G.A. § 34-9-133 Apportionment and assignment of rejected risks; Workers' Compensation Assigned Risk Insurance Plan; merit rating plan  
O.C.G.A. § 34-9-134 Appeals from decisions under Code Sections 34-9-122 and 34-9-131 through 34-9-133
O.C.G.A. § 34-9-135 Disclosure of costs by insurer
O.C.G.A. § 34-9-136 Statistical data submitted by insurance company to rating organization; verification by employer; issuance of experience modification worksheets to insured
O.C.G.A. § 34-9-137 Considerations in employer's experience modification factor
O.C.G.A. § 34-9-138 Consideration of employer's experience while self-insured
O.C.G.A. § 34-9-150 Purpose of article
O.C.G.A. § 34-9-151 Definitions
O.C.G.A._§_34_9_151.1 Eligibility for establishing a fund
O.C.G.A._§_34_9_151.2 Filing of intent to form fund; notice of intent to refuse to issue certificate of authority
O.C.G.A. § 34-9-152 Application to Commissioner for certificate of authority to create fund; contents of application; filing fee; membership of fund  
O.C.G.A. § 34-9-153 Issuance of certificate of authority; grounds for denial or revocation; annual renewal fee
O.C.G.A. § 34-9-154 Compliance with workers' compensation obligations by participation in fund
O.C.G.A. § 34-9-155 License required for solicitation of membership or participation in fund; procedure for admission of new members; underwriting criteria
O.C.G.A. § 34-9-156 Voluntary termination of members; grounds and procedure for involuntary termination of membership; effect of voluntary or involuntary termination on obligations
O.C.G.A. § 34-9-157 Boards of trustees -- Appointment of members
O.C.G.A. § 34-9-158 Boards of trustees -- Powers
O.C.G.A. § 34-9-159 Annual reports of affairs and operations of funds; additional periodic reports; verification of reports; compliance condition for renewal of certificates
O.C.G.A. § 34-9-160 Method of determining financial condition and solvency of a fund and financial capacity of fund to pay obligations
O.C.G.A. § 34-9-161 Securities deposit; excess loss funding program
O.C.G.A. § 34-9-162 Maintenance of surplus and expendable surplus; waiver of surplus requirements; return of surplus to members of fund
O.C.G.A. § 34-9-163 Investment of assets; maintenance of loss reserves
O.C.G.A. § 34-9-164 Payment of operating expenses by members of fund; liability of members; payment by funds of expenses of State Board of Workers' Compensation; legal capacity of funds
O.C.G.A. § 34-9-165 Requirements as to contracts between funds and administrators not employed by funds
O.C.G.A. § 34-9-166 Fiduciary responsibilities of trustees, officers, or administrators of moneys
O.C.G.A. § 34-9-167 Bond, liability insurance, and resident office of administrator
O.C.G.A. § 34-9-168 Grounds and procedure for restraining transaction of business by fund or administrator; appointment of receivers; criminal prosecution
O.C.G.A. § 34-9-169 Revocation and suspension of certificates of authority; probation and fine; voluntary dissolution or termination of functions
O.C.G.A. § 34-9-170 Taxes -- Imposition; deductions, reductions, abatements, and credits
O.C.G.A. § 34-9-171 Tax exemption
O.C.G.A. § 34-9-172 Examinations by Commissioner to verify solvency of funds
O.C.G.A. § 34-9-173 Remedy of deficiencies in surplus or reserve; initiation of insolvency proceedings; assessments upon liquidation
O.C.G.A. § 34-9-174 Promulgation of rules and regulations 
O.C.G.A. § 34-9-175 Hearings or other proceedings for aggrieved parties
O.C.G.A. § 34-9-176 Service of process; venue of actions
O.C.G.A. § 34-9-177 Funds not to be deemed insurers
O.C.G.A. § 34-9-178 Construction of article
O.C.G.A. § 34-9-179 Application of Chapter 6 of Title 33 to funds; enforcement by Commissioner
O.C.G.A. § 34-9-180 Officials of funds prohibited from having pecuniary interests in transactions; exceptions
O.C.G.A. § 34-9-181 Administrative fines, probation, or additional penalties
O.C.G.A. § 34-9-182 Deadline for compliance
O.C.G.A. § 34-9-200 Compensation for medical care, artificial members, and other treatment and supplies; effect of employee's refusal of treatment; employer's liability for temporary care
O.C.G.A._§_34_9_200.1 Rehabilitation benefits; effect of employee's refusal of treatment; rehabilitation suppliers; catastrophic injury cases
O.C.G.A. § 34-9-201 Selection of physician from panel of physicians; change of physician or treatment; liability of employer for failure to maintain panel
O.C.G.A. § 34-9-202 Examination of injured employee; request for autopsy; examination by physician designated by employee
O.C.G.A. § 34-9-203 Employer's pecuniary liability for medical charges; liability for medical malpractice; payment of reasonable charges; inclusion of reports and documentation with charges; defense for failure to make payments; penalties
O.C.G.A. § 34-9-204 Compensation where death or disability caused by nonwork related injury
O.C.G.A. § 34-9-205 Board approval of physician's fees, hospital, and other charges; collection of fees; schedule of charges; filing costs for peer review
O.C.G.A. § 34-9-206 Reimbursement for costs of medical treatment
O.C.G.A. § 34-9-207 Employee's waiver of confidentiality of communications with physician; release for medical records and information
O.C.G.A. § 34-9-208 Certification of managed health care providers
O.C.G.A. § 34-9-220 Period of incapacity preceding payment of compensation
O.C.G.A. § 34-9-221 Procedure; payment controverted by employer; delinquency charge; enforcement
O.C.G.A. § 34-9-222 Lump sum payments of all or part of compensation generally
O.C.G.A. § 34-9-223 Lump sum payments to trustees
O.C.G.A. § 34-9-224 Payment of compensation to employees in service of more than one employer
O.C.G.A. § 34-9-225 Effect of written receipt of widow or widower, minor, or guardian upon liability of employer; determination of obligation of employer to rival claimants
O.C.G.A. § 34-9-226 Appointment of guardian for minor or incompetent claimant
O.C.G.A. § 34-9-240 Effect of refusal of suitable employment by injured employee; attempting or refusing to attempt work with restrictions 
O.C.G.A. § 34-9-241 Effect of subsequent injury on compensation
O.C.G.A. § 34-9-242 Compensation for injury outside of state
O.C.G.A. § 34-9-243 Effect of payments made when not due; employer credit or reduction for employer funded payments pursuant to disability plan
O.C.G.A. § 34-9-244 Reimbursement of provider of disability benefits to person who subsequently files claim
O.C.G.A. § 34-9-245 Repayment of overpayment by claimant
O.C.G.A. § 34-9-260 Basis and method for computing compensation generally
O.C.G.A. § 34-9-261 Compensation for total disability
O.C.G.A. § 34-9-262 Compensation for temporary partial disability
O.C.G.A. § 34-9-263 Compensation for permanent partial disability
O.C.G.A. § 34-9-264 Compensation for loss of hearing caused by harmful noise; procedure for measuring degree of hearing impairment; eligibility for compensation; liability of employer
O.C.G.A. § 34-9-265 Compensation for death resulting from injury and other causes; penalty for death from injury proximately caused by intentional act of employer; payment of death benefits where no dependents found
O.C.G.A. § 34-9-266 Payment of compensation for time loss, disability, or death resulting from hernia
O.C.G.A. § 34-9-280 Definitions
O.C.G.A. § 34-9-281 Prerequisites to compensation for occupational disease
O.C.G.A. § 34-9-282 Payment of medical and burial expenses of claimants
O.C.G.A. § 34-9-283 Applicability to occupational diseases of provisions of Code Section 34-9-263 regarding permanent partial industrial disabilities
O.C.G.A. § 34-9-284 Liability of last employer; compensation based on average weekly wage
O.C.G.A. § 34-9-285 Noncompensable disease or infirmity
O.C.G.A. § 34-9-286 Payment of compensation to persons whose relationship with employee arises after disability
O.C.G.A. § 34-9-287 Applicability of article to occupational diseases in which last injurious exposure occurred before April 30, 1946
O.C.G.A. § 34-9-288 Applicability of provisions of chapter to article
O.C.G.A. § 34-9-289 Exclusive liability of employer for employee's death or disability from occupational disease
O.C.G.A. § 34-9-290 Reporting of hazardous occupations and cases of occupational disease to Department of Human Resources
O.C.G.A. § 34-9-291 Effect of false representations by employee regarding previous disability from or compensation for occupational disease     
O.C.G.A. § 34-9-292 Payment of expenses of board
O.C.G.A. § 34-9-310 Resolution of medical questions resulting from claims for compensation
O.C.G.A. § 34-9-311 Contents of written notice; manner of delivery
O.C.G.A. § 34-9-312 Promulgation of rules and regulations by medical board as to making of examinations and autopsies; determination of location of examinations; procedure by medical board in conducting medical investigations; reporting of investigation
O.C.G.A. § 34-9-313 Power to compel attendance of witnesses and production of records
O.C.G.A. § 34-9-350 Purpose and construction of article
O.C.G.A. § 34-9-351 Definitions
O.C.G.A._§_34_9_351.1 Exclusion from eligibility for reimbursement of certain self-insured employers
O.C.G.A. § 34-9-352 Creation and authority of Subsequent Injury Trust Fund; director of Office of Treasury and Fiscal Services as custodian
O.C.G.A. § 34-9-353 Surety bonds of administrator and custodian
O.C.G.A. § 34-9-354 Creation and appointment of board of trustees; duties; term of office of members and chairman; oath of office
O.C.G.A. § 34-9-355 Appointment of administrator; merit system coverage; administration of article; members of retirement system
O.C.G.A. § 34-9-356 Payment of travel expenses of board members, administrator, and employees; per diem allowance of board members
O.C.G.A. § 34-9-357 Payment of costs of administration; submission and approval of annual budget; audit of funds
O.C.G.A. § 34-9-358 Payment of assessments to fund by insurers and self-insurers    
O.C.G.A. § 34-9-359 Reports by employers of compensation and benefits paid; failure to pay assessments
O.C.G.A. § 34-9-360 Reimbursement of employer or insurer for subsequent injury compensation payments; amounts of and prerequisites to reimbursement from fund
O.C.G.A. § 34-9-361 Employer's knowledge of employee's preexisting permanent impairment
O.C.G.A. § 34-9-362 Notice by employer or insurer of claim against fund; request for a hearing 
O.C.G.A. § 34-9-363 Agreements for reimbursement from fund; hearing by State Board of Workers' Compensation in absence of agreement; compromise settlements 
O.C.G.A._§_34_9_363.1 Duty to notify administrator of proposed settlement agreements after reimbursement agreement has been reached; approval of such settlement agreements
O.C.G.A. § 34-9-364 Apportionment or denial of reimbursement for expenses paid by employer or insurer
O.C.G.A. § 34-9-365 Injuries to which article is applicable
O.C.G.A. § 34-9-366 Binding of fund to questions determined in proceedings to which it was not a party
O.C.G.A. § 34-9-367 Liability of fund for interest or attorney's fees
O.C.G.A. § 34-9-368 Reimbursement of self-insured employers or insureds; actuarial study required; dissolution of Subsequent Injury Trust Fund 
O.C.G.A. § 34-9-380 Purpose of article
O.C.G.A. § 34-9-381 Definitions
O.C.G.A. § 34-9-382 Establishment of Self-insurers Guaranty Trust Fund; use of fund; application to be accepted in fund
O.C.G.A. § 34-9-383 Membership of board of trustees of fund
O.C.G.A. § 34-9-384 General powers of board of trustees
O.C.G.A. § 34-9-385 Bankruptcy of participants
O.C.G.A. § 34-9-386 Assessment of participants; liability of fund and participants for claims; revocation of participant's authority to be self-insured
O.C.G.A. § 34-9-387 Reimbursement and security deposit from participant for compensation obligations
O.C.G.A. § 34-9-388 Reports of participant's insolvency; participant's audits; review of applications for self-insurance and recommendations thereon
O.C.G.A. § 34-9-389 State absolved of responsibility for debts incurred under fund      
O.C.G.A. § 34-9-410 Legislative intent
O.C.G.A._§_34_9_411 Definitions
O.C.G.A. § 34-9-412 Insurance premium discount
O.C.G.A._§ 34_9_412.1 Certification
O.C.G.A. § 34-9-413 Elements of program; applicable confidentiality standards
O.C.G.A. § 34-9-414 Notice of testing; written policy statement
O.C.G.A. § 34-9-415 Conduct of testing; types of tests; random testing; procedures for specimen collection and testing; laboratory qualifications, procedures, and reports; confirmation tests
O.C.G.A. § 34-9-416 Employee Assistance Programs
O.C.G.A. § 34-9-417 Education program on substance abuse
O.C.G.A. § 34-9-418 Supervisor training on substance abuse
O.C.G.A. § 34-9-419 Physician-patient relationship not created; authorized work rules; applicability of article; medical screening or other tests authorized; employer not required to establish program
O.C.G.A. § 34-9-420 Confidentiality of information
O.C.G.A. § 34-9-421 Rules and regulations
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