2025 Code of Georgia
Title 34 - Labor and Industrial Relations (Chs. 1 — 15)
Appendix A - Rules and Regulations of the State Board of Workers’ Compensation
Rule 381 - Definitions as Used in This Article
(a) “Applicant” means an employee entitled to workers’ compensation benefits.
(b) “Board” means the State Board of Workers’ Compensation.
(c) “Board of trustees” means the Board of trustees of the Fund.
(d) “Company” means a corporation, association, partnership, proprietorship, firm or other form of business organization.
(e) “Fund” means the Self-Insurers Guaranty Trust Fund.
(f) “Insolvent self-insurer” means a self-insurer who files for relief under the Federal Bankruptcy Act, a self-insurer against whom involuntary bankruptcy proceedings are filed, a self-insurer for whom a receiver is appointed in a federal or state court of this state or any other jurisdiction or a self-insurer who is in default on workers’ compensation obligations; or a self-insurer who is determined by the Board to be in noncompliance with workers’ compensation obligations or requirements according to rules and regulations of the Board.
(g) “Participant” means a self-insurer who is a member of the Fund.
(h) “Self-insurer” means a private employer, including any hospital authority created pursuant to the provisions of Article 4 of Chapter 7 of Title 31, the “Hospital Authorities Law,” that has been authorized to self-insure its payment of workers’ compensation benefits pursuant to this Chapter, except any governmental self-insurer or other employer who elects to group self-insure pursuant to Code Section 34-9-152, or captive insurers as provided for in Chapter 41 of Title 33, or employers who, pursuant to any reciprocal agreements or contracts of indemnity executed prior to March 8, 1960, created funds for the purpose of satisfying the obligations of self-insured employers under this chapter. A “self-insurer” shall further not include any individual or company who enters into a contract or agreement with an employer under which the employer outsources its workers’ compensation risks, responsibilities, obligations or liabilities to such individual or company; and pursuant to such contract or agreement, is required to provide workers’ compensation benefits to an injured employee even though no common-law master-servant relationship or contract of employments exists between the injured employee and the individual or company providing the benefits.
(i) “Trustee” means a member of the Self-Insurers Guaranty Trust Fund Board of Trustees.
Annotations
Notes
Editor's notes.This rule is set out to correct the omission of “or a self-insurer who is in default on workers’ compensation obligations” in (f), and editorial changes.
Note as to revisions.The revision effective July 1, 1997, made a capitalization change in the word “board” in subsection (c) and rewrote subsection (g).
The revision effective July 1, 2010, substituted “or a self-insurer who is determined by the Board to be in default of its workers’ compensation obligations or requirements according to” for “and who is determined to be insolvent by” in subsection (e).
The revision effective July 1, 2016, added subsection (d) and redesignated former subsections (d) through (h) as present subsections (e) through (i), respectively; in subsection (f), inserted “state” preceding “or any other jurisdiction”, substituted “noncompliance with” for “default of its” and “of the Board” for “promulgated by the Board of trustees and approved by the Board”; and, in subsection (h), added the last sentence.
Research References & Practice Aids
U.S. Code.The federal Bankruptcy Act, referred to in subsection (e), appears as 11 U.S.C.
