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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 387 - Rights and Obligations of Board of Trustees to Obtain Reimbursement From Participant

Universal Citation:
O.C.G.A. Title 34 Appx. Bd. Work. Comp. r. 387
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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  • (a) The Board of trustees shall have the right and duty to obtain reimbursement from any participant for compensation obligations in the amount of the participant’s compensation obligations assumed by the Board of trustees and paid for claims as well as reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be approved by the Board of trustees.

  • (b) The Board of trustees shall have the right to use the security deposit of a participant, its excess insurance coverage, and any other guarantee to pay the participant’s workers’ compensation obligations assumed by the Board of trustees including reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the Board of trustees.

  • (c) The Board of trustees shall be a party in interest in any action or proceeding to obtain the security deposit of a participant for the payment of the participant’s compensation obligations, in any action or proceeding under the participant’s excess insurance policy, and in any other action or proceeding to enforce an agreement of any security deposit; or captive or excess insurance carrier; and from any other guarantee to satisfy such obligations. The fund is authorized to file a claim against an insolvent participant or the participant’s agents and seek reimbursement for any payments made by the fund on behalf of the participant pursuant to this chapter. The fund is subrogated to the claim of any employee whose benefits are paid by the fund. Further, the find shall have a lien against any reimbursement payments the participant is entitled to from the Subsequent Injury Trust fund in an amount equal to the payments made by the fund to satisfy the participant’s liability for workers’ compensation benefits.

Annotations

Notes

Note as to revisions.

The revision effective July 1, 1998, in subsection (b), substituted “right to use” for “right to obtain from”, and substituted “to pay” for “the amount of” following “guarantor”.

The revision effective July 1, 2010, substituted “duty” for “obligation” in the first sentence of subsection (a); in subsection (b), in the first sentence, substituted “insurance coverage, and any other guarantee” for “insurance carrier, and from any other guarantor” near the middle, and substituted “reasonable administrative and legal costs” for “attorneys’ fees and legal costs” at the end, and added the last sentence; and added subsection (c).

The revision effective July 1, 2016, substituted “an insolvent participant” for “a bankrupt participant” in the second sentence of subsection (c).

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