2020 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 1 - General Provisions
- § 34-9-1. Definitions
- § 34-9-2. Applicability of Chapter to Employers and Employees - Generally
- § 34-9-3. Applicability of Chapter to Employers and Employees - Public Employees Generally
- § 34-9-4. Applicability of Chapter to Employers and Employees - Employees of Planning Commissions
- § 34-9-5. Applicability of Chapter to Employers and Employees - Pilots Under Contract to State Forestry Commission
- § 34-9-6. Retroactive Inclusion of State and Departments in Definition of "Employer"; Resumption of Payments of Awards Previously Discontinued
- § 34-9-7. Presumption of Applicability of Chapter to Contracts Between Employers and Employees Covered by Chapter
- § 34-9-8. Liability of Principal Contractor or Subcontractor for Employee Injuries
- § 34-9-9. Relief From Penalty for Failure or Neglect to Perform Statutory Duty
- § 34-9-10. Relief of Employer From Obligations Under Chapter
- § 34-9-11. Exclusivity of Rights and Remedies Granted to Employee Under Chapter; Immunity Granted to Construction Design Professionals
- § 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
- § 34-9-12. Employer's Record of Injuries; Availability of Board Records; Supplementary Report on Termination of Disability; Penalties; Routine Reports
- § 34-9-13. Definitions; Persons Presumed Next of Kin; Apportionment of Payments Among Partial and Total Dependents; Termination of Dependency
- § 34-9-14. Provision of Substitute Systems of Compensation; Approval by Board; Grounds and Procedure for Termination
- § 34-9-15. Procedure for Settlement Between Parties Generally; Approval by Board; Finality of Settlement; Lump Sum Settlements
- § 34-9-16. Settlement of Questions if Approved Agreement Cannot Be Reached
- § 34-9-17. Grounds for Denial of Compensation; Burden of Proof in Establishing Grounds for Denial
- § 34-9-18. Civil Penalties; Costs of Collection
- § 34-9-19. Penalty for False or Misleading Statements When Obtaining or Denying Benefits
- § 34-9-20. Giving of False Evidence to Board Member
- § 34-9-21. Penalty for Receiving Unentitled to Benefits
- § 34-9-22. Penalty for Receipt of Unapproved Fees or for Solicitation of Employment for Lawyer or Physician
- § 34-9-23. Liberal Construction of Chapter; Purpose
- § 34-9-24. Fraud and Compliance Unit; Creation and Duties; Limitation on Liability; Authority; Whistle Blower Protection
- § 34-9-25. Patient Self-Referral
- For note on 1995 amendments and enactments of Code sections in this article, see 12 Ga. St. U.L. Rev. 271, 276, and 280 (1995).
JUDICIAL DECISIONS
Enforcement of judgment of State Board of Workers' Compensation.
- Given that the remedy of the Workers' Compensation Act, O.C.G.A. § 34-9-1 et seq., was available to the claimant, the claimant was not left unprotected because the claimant did not assert or show, either below or on appeal, that any of the difficult or impossible circumstances in enforcing any judgment obtained by the State Board of Workers' Compensation existed in the claimant's case, and the claimant's guesses or speculation about them were insufficient on summary judgment. Saxon v. Starr Indemnity & Liability Company, 339 Ga. App. 495, 793 S.E.2d 659 (2016).
Consistent enforcement.
- In the claimant's tort claims against a co-worker and the employer, the enforcement of the employer's automobile insurance policies' exclusion provisions did not violate federal and Georgia public policy of requiring statutory compulsory minimum automobile limits coverage because the claimant did not point to any evidence showing that the remedy available to the claimant under the Workers' Compensation Act, O.C.G.A. § 34-9-1 et seq., was inadequate; the claimant did not cite any federal public policy that was violated; and the policies' exclusion provisions were consistent with Georgia's liability and Workers Compensation statutes, and were enforceable. Saxon v. Starr Indemnity & Liability Company, 339 Ga. App. 495, 793 S.E.2d 659 (2016).
RESEARCH REFERENCES
ALR.
- Recovery for discharge from employment in retaliation for filing workers' compensation claim, 32 A.L.R.4th 1221.
Right to workers' compensation for physical injury or illness suffered by claimant as result of sudden mental stimuli - compensability of particular injuries and illnesses, 20 A.L.R.6th 641.
