2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 1 - General Provisions
§ 34-9-18. Civil Penalties; Costs of Collection

1. Any person who willfully fails to file any form or report required by the board, fails to follow any order or directive of the board or any of its members or administrative law judges, or violates any rule or regulation of the board shall be assessed a civil penalty of not less than $100.00 nor more than $1,000.00 per violation.
2. Any person who knowingly and intentionally makes any false or misleading statement or representation for the purpose of facilitating the obtaining or denying of any benefit or payment under this chapter may be assessed a civil penalty of not less than $1,000.00 nor more than $10,000.00 per violation.
3. In addition to the penalty and assessed fees as defined in subsection (b) of Code Section 34-9-126, the board may assess a civil penalty of not less than $500.00 nor more than $5,000.00 per violation for the violation by any person of Code Section 34-9-121 or subsection (a) of Code Section 34-9-126.
4. Any penalty assessed under subsections (a), (b), and (c) of this Code section shall be final unless within ten days of the date of the assessment the person fined files a written request with the board for a hearing on the matter.
5. Any person, firm, or corporation who is assessed a civil penalty pursuant to this Code section may also be assessed the cost of collection. The cost of collection may also include reasonable attorneys' fees.
6. All penalties and costs assessed under this Code section shall be tendered and made payable to the State Board of Workers' Compensation. All such penalties shall be deposited in the general fund of the state treasury.

(Code 1933, § 114-719, enacted by Ga. L. 1978, p. 2220, § 16; Ga. L. 1992, p. 1942, § 5; Ga. L. 1994, p. 887, § 3; Ga. L. 1995, p. 642, § 3; Ga. L. 1996, p. 1291, § 5; Ga. L. 1997, p. 1367, § 1.)

- Ga. L. 1995, p. 642, § 13, not codified by the General Assembly, provides for severability.

- For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 285 (1992).

JUDICIAL DECISIONS

Subsection (f) not applied retroactively.

- Provision of O.C.G.A. § 34-9-18(f), directing that all penalties be paid to the state, as opposed to an earlier interpretation of the statute allowing the board to direct the payment of penalties to others, could not be applied retroactively. Mullis v. NC-CNH, Inc., 218 Ga. App. 332, 461 S.E.2d 237 (1995) (decided prior to 1996 amendment).

- Administrative law judge's imposition of civil penalties against an employer and its insurer without notice and opportunity to be heard violated their rights to constitutional due process. Atlanta Janitorial Serv., Inc. v. Jackson, 182 Ga. App. 155, 355 S.E.2d 93 (1987).

- Employer's conscious indifference in failing to file a form required when salary was paid in lieu of benefits was the equivalent of "willfulness." State v. Graul, 181 Ga. App. 573, 353 S.E.2d 70 (1987).

Board's finding that a penalty was authorized under O.C.G.A. § 34-9-18 constituted an implicit finding of "willfulness." State v. Graul, 181 Ga. App. 573, 353 S.E.2d 70 (1987).

When a self-insurer temporarily ceased benefits payments, but notified the Board and the Insurance Commissioner, and when there was no evidence in the claimant's record authorizing a finding of willfulness or the imposition of a civil penalty, there was no error of fact or of law made by the administrative law judge or the board in failing to assess a civil penalty or to award attorney's fees. Grier v. Proctor, 195 Ga. App. 116, 393 S.E.2d 18 (1990).

- Assessment of civil penalties against an employer was improper since the claimant's request for a hearing did not contain notice that penalties were being sought, and since the administrative law judge failed to notify the employer that this issue would be considered at the hearing. Atlanta Care Convalescence Center v. Travelers Ins. Co., 187 Ga. App. 283, 370 S.E.2d 40 (1988).

- State Board of Workers' Compensation was authorized under O.C.G.A. § 34-9-18(a) to assess civil penalties and attorney fees against an employer for its wilfull violation of Ga. Bd. Workers' Comp. R. 205, after the employer failed to timely respond to a request for preauthorization of a referral made by the employee's authorized physician. Caremore, Inc./Wooddale Nursing Home v. Hollis, 283 Ga. App. 681, 642 S.E.2d 375 (2007).

- Superior court erroneously reversed the decision of the Georgia Board of Workers' Compensation's Appellate Division that the former employer had not shown under O.C.G.A. § 34-9-104(a) that suitable work was available; evidence supported the Division's decision, as many of the jobs recommended by the rehabilitation counselor were unsuitable, and even if the Division found that the counselor failed to take actions that would have violated Board rules and subjected the counselor to civil penalties under O.C.G.A. § 34-9-18, this did not render insufficient evidence sufficient. Korner v. Educ. Mgmt. Corp., 281 Ga. App. 322, 635 S.E.2d 892 (2006), cert. denied, 2007 Ga. LEXIS 104 (Ga. 2007).

- Based on ample evidence that an employee performed work for the company and derived income therefrom while at the same time receiving temporary total disability benefits, an award of attorney fees to the employer's insurer pursuant to O.C.G.A. § 34-9-108(b)(1), the assessment of a civil penalty against the employee pursuant to O.C.G.A. § 34-9-18(b), and the referral of the matter to the Enforcement Division of the Board pursuant to O.C.G.A. § 34-9-24 should have been affirmed by a trial court under the "any evidence" standard of review. Trax-Fax, Inc. v. Hobba, 277 Ga. App. 464, 627 S.E.2d 90 (2006).

Cited in Caldwell v. Perry, 179 Ga. App. 682, 347 S.E.2d 286 (1986); Davis v. Union Camp Corp., 188 Ga. App. 36, 371 S.E.2d 898 (1988); Doss v. Food Lion, Inc., 267 Ga. 312, 477 S.E.2d 577 (1996); Stewart v. Auto-Owners Ins. Co., 230 Ga. App. 265, 495 S.E.2d 882 (1998).

RESEARCH REFERENCES

Am. Jur. 2d.

- 82 Am. Jur. 2d, Workers' Compensation, § 583.

- 100 C.J.S., Workers' Compensation, § 712 et seq.

- Statutory provisions regarding action against employer who does not assent to Workmen's Compensation Act as affirmative support for right of action by employee, not otherwise existing, 97 A.L.R. 1297.

Recovery of cumulative statutory penalties, 71 A.L.R.2d 986.