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2017 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 10 - Self-Insurers Guaranty Trust Fund
§ 34-9-381. Definitions
Universal Citation: GA Code § 34-9-381 (2017)
- As used in this article, the term:
- (1) "Applicant" means an employee entitled to workers' compensation benefits.
- (2) "Board" means the State Board of Workers' Compensation.
- (3) "Board of trustees" means the board of trustees of the fund.
- (4) "Company" means a corporation, association, partnership, proprietorship, firm, or other form of business organization.
- (5) "Fund" means the Self-insurers Guaranty Trust Fund established by this article.
- (6) "Insolvent self-insurer" means a self-insurer:
- (A) Who files for relief under the federal Bankruptcy Act;
- (B) Against whom involuntary bankruptcy proceedings are filed;
- (C) For whom a receiver is appointed in a federal or state court of this state or any other jurisdiction;
- (D) Who is in default on workers' compensation obligations; or
- (E) Who is determined by the board to be in noncompliance with workers' compensation obligations or requirements under the laws of this state and the rules and regulations of the board.
- (7) "Participant" means a self-insurer who is a member of the fund.
- (8) "Self-insurer" means a private employer, including any hospital authority created pursuant to the provisions of Article 4 of Chapter 7 of Title 31, the "Hospital Authorities Law," that has been authorized to self-insure its payment of workers' compensation benefits pursuant to this chapter. The term "self-insurer" shall not mean or include any of the following:
- (A) Any governmental employer authorized by the board to self-insure;
- (B) Any employer who elects to group self-insure pursuant to Code Section 34-9-152;
- (C) Captive insurers as provided for in Chapter 41 of Title 33;
- (D) Any employer who, pursuant to any reciprocal agreements or contracts of indemnity executed prior to March 8, 1960, created funds for the purpose of satisfying the obligations of self-insured employers under this chapter; or
- (E) Any individual or company who:
- (i) Enters into a contract or agreement with an employer under which the employer outsources its workers' compensation risks, responsibilities, obligations, or liabilities to such individual or company; and
- (ii) Pursuant to such contract or agreement, is required to provide workers' compensation benefits to an injured employee even though no common-law master-servant relationship or contract of employment exists between the injured employee and the individual or company providing the benefits.
- (9) "Trustee" means a member of the Self-insurers Guaranty Trust Fund board of trustees.
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