2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 9 - Subsequent Injury Trust Fund
§ 34-9-367. Liability of Fund for Interest or Attorney's Fees
The Subsequent Injury Trust Fund shall not be liable for any interest on sums due claiming parties nor shall it be liable for attorney's fees due attorneys of the claiming parties except where it is proven by a preponderance of evidence that the Subsequent Injury Trust Fund has failed or refused to accept a valid claim for reimbursement as provided for under this chapter in whole or in part without reasonable grounds; in such a circumstance, the party seeking reimbursement may be entitled to attorney's fees as provided under subsection (b) of Code Section 34-9-108.
(Code 1933, § 114-915, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1982, p. 3, § 34; Ga. L. 1996, p. 1291, § 15.)
Code Commission notes.- Pursuant to Code Section 28-9-5, in 1988, "attorney's" was substituted for "attorneys'".
Law reviews.- For annual survey of law of worker's compensation, see 56 Mercer L. Rev. 479 (2004). For review of 1996 workers' compensation legislation, see 13 Ga. St. U.L. Rev. 233 (1996).
JUDICIAL DECISIONS
Liability for attorney's fees.
- Attorney's fees of an employer or insurer are not recoverable from the fund. Georgia Subsequent Injury Trust Fund v. Muscogee Iron Works, 265 Ga. 790, 462 S.E.2d 367 (1995) (decided prior to 1996 amendment).
RESEARCH REFERENCES
ALR.
- Workers' compensation: availability, rate, or method of calculation of interest on attorney's fees or penalties, 79 A.L.R.5th 201.
