2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 3 - Procedure
Part 1 - Claims and Notice of Accident
§ 34-9-85. Claim by Guardian or Trustee of Mental Incompetent or Minor

If an injured employee is mentally incompetent or is under 18 years of age at the time any right or privilege accrues to him under this chapter, his guardian or trustee may claim and exercise such right or privilege in his behalf.

(Ga. L. 1920, p. 167, § 47; Code 1933, § 114-307.)

- For annual survey of law of workers' compensation, see 56 Mercer L. Rev. 479 (2004).

JUDICIAL DECISIONS

Representation by attorney.

- Award made under the workers' compensation law (see now O.C.G.A. § 34-9-1 et seq.) involving a claimant under 18 years of age, who was represented by an attorney engaged by the claimant's father as the claimant's natural guardian, the father being present and testifying on the first hearing, before a single director, will not be set aside as improperly made on the ground that no guardian or trustee appeared for the claimant as provided by this section. Webb v. General Accident, Fire & Life Ins. Co., 72 Ga. App. 127, 33 S.E.2d 273 (1945).

Plain intimation of Ga. L. 1920, p. 167 § 47 (see now O.C.G.A. § 34-9-85) is that a guardian or trustee, in the guardian's power to act, is limited to cases when the minor employee has not attained the age of 18 years. Porter v. Liberty Mut. Ins. Co., 46 Ga. App. 86, 166 S.E. 675 (1932).

Cited in Rourke v. U.S. Fid. & Guar. Co., 187 Ga. 636, 1 S.E.2d 728 (1939); Royal Indem. Co. v. Agnew, 66 Ga. App. 377, 18 S.E.2d 57 (1941).

RESEARCH REFERENCES

Am. Jur. 2d.

- 82 Am. Jur. 2d, Workers' Compensation, §§ 506 et seq., 591.

- 100 C.J.S., Workers' Compensation, § 928 et seq. 101 C.J.S., Workers' Compensation, § 1652 et seq.

- Right of parent who consents to or acquiesces in employment of child under statutory age to recover for latter's injury or death while in such employment, 23 A.L.R. 635; 40 A.L.R. 1206.

Applicability and effect of Workmen's Compensation Act in cases of injury to minors, 83 A.L.R. 416; 142 A.L.R. 1018.

Protection of interest or rights of minors in proceedings for, or award of, compensation under provisions of Workmen's Compensation Act, 120 A.L.R. 395.