2020 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 2 - Administration
§ 34-9-63. Proration of Board's Expenses; Required Annual Reports and Statements; Audit of Board; Collection of Delinquent Assessments

1. The total expenses of the board shall be prorated among the qualified insurance companies writing compensation insurance in this state, hereinafter referred to as insurers, and employers subject to the provisions of this chapter whose workers' compensation insurance coverage is not written by these companies, hereinafter referred to as self-insurers, including, but not limited to, the state, counties, municipalities, and any political subdivisions or authorities thereof. Such proration shall be on the basis, in the case of the insurers, of the gross earned premium and, in the case of self-insurers, on the basis of the amount of premium which they would have had to pay in the event they had insured their liability with an insurer; provided, however, the board may establish by rule a minimum assessment, based upon the administrative cost necessary to provide licensure support and basic computer management reports for each insurer or self-insurer, to be paid by insurers and self-insurers whose actual prorated assessment otherwise would be less than the minimum assessment. Prorated assessments based on the experience of the previous calendar year shall be made on July 1, based on the budget of the board for that fiscal year.
2. Sworn reports of the compensation premium writing of the insurers and sworn payroll statements of others for the preceding calendar year shall be filed with the board not later than March 1 of each year.
3. The books of the board shall be audited annually and a copy of such audit shall be available for inspection during normal business hours by all parties among whom the expenses of the board are prorated. All moneys assessed against insurers and others under this chapter shall be paid into the state treasury and held as a special fund solely for the operation of the board to administer this chapter.
4. The Attorney General shall enforce collection against insurers and others failing to comply with this Code section, based on reports of violation furnished by the board and investigation; the costs of collection shall be borne by the delinquent party.
5. Any insurer, private employer, or governing authority of a public employer that violates any provision of this Code section shall be guilty of a misdemeanor.

(Ga. L. 1922, p. 77, § 2; Code 1933, § 114-717; Ga. L. 1974, p. 1143, § 11; Ga. L. 1988, p. 1679, § 16.)

- Punishment for misdemeanors generally, § 17-10-3.

Cited in Petty v. Mayor of College Park, 63 Ga. App. 455, 11 S.E.2d 246 (1940).

OPINIONS OF THE ATTORNEY GENERAL

Payment of assessments into general fund.

- Assessments made by the board pursuant to this section must be paid into the general fund of the state treasury, and the operating expenses of the board may be funded only through an appropriation by the General Assembly. 1974 Op. Att'y Gen. No. 74-62.

ARTICLE 3 PROCEDURE

Law reviews.

- For note on 1995 amendments of Code sections in this article, see 12 Ga. St. U.L. Rev. 280 (1995).

PART 1 CLAIMS AND NOTICE OF ACCIDENT

JUDICIAL DECISIONS

Essential elements which must be shown on an original award under the workers' compensation law (see now O.C.G.A. § 34-9-1 et seq.) are: (1) that the employee is covered by the law; (2) that there was an accidental injury; (3) that it arose out of and in the course of the employment; and (4) that the employee is entitled to benefits provided by the law. In considering a claim under the Act, the first three elements are preliminary questions for decision; and if either is decided adversely to the claimant, the claimant is not entitled to anything under the Act and consideration of the claim is ended. Chevrolet Div., GMC v. Dempsey, 212 Ga. 560, 93 S.E.2d 703 (1956).

- See Dairymen, Inc. v. Wood, 162 Ga. App. 430, 291 S.E.2d 763 (1982).

RESEARCH REFERENCES

ALR.

- Applicability of statutes of limitations to action or proceeding under Workmen's Compensation Acts, 40 A.L.R. 495.

State workmen's compensation proceeding as within removal statute, 60 A.L.R.2d 1262.

Workmen's compensation: recovery for discharge in retaliation for filing claim, 63 A.L.R.3d 979.

Recovery for discharge from employment in retaliation for filing workers' compensation claim, 32 A.L.R.4th 1221.