2025 Code of Georgia
Title 34 - Labor and Industrial Relations (Chs. 1 — 15)
Chapter 9 - Workers’ Compensation (Arts. 1 — 12)
Article 4 - Insurance of Compensation Liability Generally (§§ 34-9-120 — 34-9-138)
Annotations
JUDICIAL DECISIONS
Purpose of worker’s compensation insurance differs from general liability insurance because it is not intended to benefit the employer who pays the premiums but to pay compensation to the injured employee. Bituminous Cas. Co. v. Renfroe, 130 Ga. App. 621, 204 S. E.2d 317, 1974 Ga. App. LEXIS 1205 (1974).
Casualty insurance. —Workers’ compensation insurance is but one form of casualty insurance. Travelers Ins. Co. v. Adkins, 200 Ga. App. 278, 407 S. E.2d 775, 1991 Ga. App. LEXIS 976 (1991).
Law of mutual departure, as applied to insurance policies, applies in the context of workers’ compensation insurance. Travelers Ins. Co. v. Adkins, 200 Ga. App. 278, 407 S. E.2d 775, 1991 Ga. App. LEXIS 976 (1991).
Mutual departure by the parties from the terms of a workers’ compensation policy required the insurer to give reasonable notice of an intent to require strict compliance, when there was some evidence that in handling disputes over the audited amounts of premiums due, the insurer typically cancelled the policy but reinstated it once an agreement on the premium was reached and the money paid. Travelers Ins. Co. v. Adkins, 200 Ga. App. 278, 407 S. E.2d 775, 1991 Ga. App. LEXIS 976 (1991).
Effect of cancellation of policy. —Cancellation of a workers’ compensation insurance policy in compliance with O. C. G. A. § 33-24-44(b) and a state board of workers’ compensation rule, regardless of other circumstances surrounding the cancellation, does not automatically entitle a workers’ compensation insurer to complete relief against a claim that the cancellation was not effective or applicable. Travelers Ins. Co. v. Adkins, 200 Ga. App. 278, 407 S. E.2d 775, 1991 Ga. App. LEXIS 976 (1991).
Research References & Practice Aids
RESEARCH REFERENCES ALR.Right of insurer under Workmen’s Compensation Act to recover from employer, who has breached warranty, the amount it has been obliged to pay employee, 22 A. L. R. 1481.
Workmen’s compensation: findings upon claim for compensation as binding upon insurance carrier, 28 A. L. R. 882.
Award against employer under Workmen’s Compensation Act as within policy indemnifying him against liability imposed by law for “damages”, 142 A. L. R. 1423.
Preemption by Federal Longshore and Harbor Workers’ Compensation Act of state law claims for bad-faith dealing by insurer or agent of insurer, 90 A. L. R. Fed. 723.
Hierarchy Notes:O. C. G. A. Title 34
O. C. G. A. Title 34, Ch. 9
- § 34-9-120. Employer’s duty to insure payment of compensation
- § 34-9-121. Duty of employer to insure in licensed company or association or to deposit security, indemnity, or bond as self-insurer; application to out-of-state employers; membership in mutual insurance company
- § 34-9-122. Type of insurance policy to be issued; promulgation of rules and regulations when accident prevention and safety engineering are questioned
- § 34-9-122.1. Workers’ compensation health benefits pilot projects
- § 34-9-123. Policy provisions regarding effect of notice or knowledge by insured employer as to occurrence of injury
- § 34-9-124. Policy or contract of insurance to contain agreement of insurer to pay compensation; payment of compensation when employer or employee exempt from provisions of chapter
- § 34-9-124.1. Optional deductibles to be offered by insurers
- § 34-9-124.2. Restrictions on requirements requiring recipients of benefits to utilize out-of-state mail order pharmacy services
- § 34-9-125. Insurance policies subject to chapter; approval of policy or contract forms by board; exceptions
- § 34-9-126. Filing by employer of evidence of compliance with insurance requirements; assessment of attorney’s fees and increased compensation against employer who fails to file
- § 34-9-127. Issuance by board of certificate of self-insurance; review; revocation
- § 34-9-128. Inspection of place of employment and injury records; penalty for noncompliance
- § 34-9-129. Furnishing of bond by insurance companies doing workers’ compensation business in state; bringing of actions upon bond; posting of security in lieu of bond
- § 34-9-130. Authority of Commissioner of Insurance to investigate rates; assistance by board in investigations
- § 34-9-130.1. Policies or contracts of insurance against liability for compensation under this chapter
- § 34-9-131. Insurer permit requirement; claim office within state
- § 34-9-132. Grounds for revocation of insurance carrier’s permit
- § 34-9-133. Apportionment and assignment of rejected risks; Workers’ Compensation Assigned Risk Insurance Plan; merit rating plan
- § 34-9-134. Appeals from decisions under Code Sections 34-9-122 and 34-9-131 through 34-9-133
- § 34-9-135. [Reserved] Disclosure of costs by insurer
- § 34-9-136. Statistical data submitted by insurance company to rating organization; verification by employer; issuance of experience modification worksheets to insured
- § 34-9-137. Considerations in employer’s experience modification factor
- § 34-9-138. Consideration of employer’s experience while self-insured
