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2007 Workers Compensation Statutes

Definitions

Applicability of chapter to employers and employees —- Generally

Exemption of corporate officers; limitation

Eligibility of sole proprietor or partner for workers’ compensation insurance

Election to provide workers’ compensation coverage to farm laborers

Workers’ compensation coverage for persons performing voluntary services for Olympic Games; repealer

Applicability of chapter to employers and employees — Public employees generally

Applicability of chapter to employers and employees — Employees of planning commissions

Applicability of chapter to employers and employees — Pilots under contract to Georgia Forestry Commission

Retroactive inclusion of state and departments in definition of “employer”; resumption of payments of awards previously discontinued

Presumption of applicability of chapter to contracts between employers and employees covered by chapter

Liability of principal contractor or subcontractor for employee injuries

Relief from penalty for failure or neglect to perform statutory duty

Relief of employer from obligations under chapter

Exclusivity of rights and remedies granted to employee under chapter; immunity granted to construction design professionals

Employee’s or survivor’s right of action against person other than employer; subrogation lien of employer; rights of employer or insurer upon failure of employee to bring action; attorney fees; retroactive application

Employer’s record of injuries; availability of board records; supplementary report on termination of disability; penalties; routine reports

Definitions; persons presumed next of kin; apportionment of payments among partial and total dependents; termination of dependency 

Provision of substitute systems of compensation; approval by board; grounds and procedure for termination

Procedure for settlement between parties generally; approval by board; finality of settlement; lump sum settlements     

Settlement of questions if approved agreement cannot be reached

Grounds for denial of compensation; burden of proof in establishing grounds for denial

Civil penalties; costs of collection

Penalty for false or misleading statements when obtaining or denying benefits 

Giving of false evidence to board member

Penalty for receiving unentitled to benefits

Penalty for receipt of unapproved fees or for solicitation of employment for lawyer or physician

Liberal construction of chapter; purpose

Fraud and compliance unit; creation and duties; limitation on liability; authority; whistle blower protection

Patient self-referral

Short title; purpose

Notice required as part of television advertisement

Penalty for violation of notice requirement; advertiser defined

State Board of Workers’ Compensation created; appointment of members; powers and duties of board generally

Workers’ Compensation Advisory Council; appointment and terms of members; chairman; duties; service without compensation

Appointment and term of chairman of board

Qualifications and roles of members

Oath of office of members

Bond of members

Removal of members

Trial division and appellate division created; composition; sessions

Designation of members as appellate administrative law judges  

Senior administrative law judge of the board

Appointment and removal of executive director

Appointment of secretary-treasurer; employment of clerical and other assistants; payment of salaries and expenses of members, deputy directors, and assistants

Payment by state of traveling expenses of members, administrative law judges, and assistants

Officials, personnel, and employees subject to state merit system; compensation of board members and administrative law judges

Directors emeritus of board — Eligibility for appointment; procedure for appointment

Directors emeritus of board — Term of office; compensation

Directors emeritus of board — Duties

Directors emeritus of board — Filling of board vacancies caused by appointment of director emeritus

Creation of administrative law judge emeritus of board; eligibility for appointment; manner of appointment; compensation 

Powers and duties of board as to enforcement of chapter generally

Adoption of rules of procedure

Rule-making and subpoena powers; service and enforcement of subpoenas

Publication of blank forms and literature; publication of tabulations of accident reports

Limitations on authority of Commissioner of Labor with respect to officers or employees of board

Proration of board’s expenses; required annual reports and statements; audit of board; collection of delinquent assessments

Procedure for giving notice of accident; requirements of written notice; effect of failure to give notice

Contents of written notice; manner of delivery

Board’s duty to provide injured workers with notice of rights, benefits, and obligations

Limitation period and procedure for filing claims

Priority of claims

Limitation period and procedure for filing claims

Claim by guardian or trustee of mental incompetent of minor        

Applicability of time limits to mental incompetents, minors, and persons proceeding against defunct corporations

Filing of claims with board; investigation or mediation; hearing; dismissal of stale claims

Appointment of physician to examine injured employee; payment of fee and expenses of examining physician

Hearing before administrative law judge

Appeal of decision; remand; reconsideration, amendment, or revision of award

Modification of award or order contained in prior decision in event of change in condition

When award deemed final; appeal to superior court; grounds for setting aside decisions; appeal to Court of Appeals

Entry and execution of judgment on settlement agreement, final order or decision, or award; modification and revocation of orders and decrees

Interest payable on final award of board in the event of appeal      

Approval of attorney’s fees by board; assessment of fees against the offending party; restrictions on attorney advertisement and division of fees; payment of fees or expenses

Employer’s duty to insure payment of compensation

Duty of employer to insure in licensed company or association or to deposit security, indemnity, or bond as self-insurer; membership in mutual insurance company

Type of insurance policy to be issued; promulgation of rules and regulations when accident prevention and safety engineering are questioned

Workers’ compensation health benefits pilot projects

Policy provisions regarding effect of notice or knowledge by insured employer as to occurrence of injury

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

Optional deductibles to be offered by insurers

Restrictions on requirements requiring recipients of benefits to utilize out-of-state mail order pharmacy services

Insurance policies subject to chapter; approval of policy or contract forms by board; exceptions

Filing by employer of evidence of compliance with insurance requirements; assessment of attorney’s fees and increased compensation against employer who fails to file

Issuance by board of certificate of self-insurance; review; revocation

Inspection of place of employment and injury records; penalty for noncompliance

Furnishing of bond by insurance companies doing workers’ compensation business in state; bringing of actions upon bond; posting of security in lieu of bond

Authority of Commissioner of Insurance to investigate rates; assistance by board in investigations

Policies or contracts of insurance against liability for compensation under this chapter

Insurer permit requirement; claim office within state

Grounds for revocation of insurance carrier’s permit

Apportionment and assignment of rejected risks; Workers’ Compensation Assigned Risk Insurance Plan; merit rating plan  

Appeals from decisions under Code Sections 34-9-122 and 34-9-131 through 34-9-133

Disclosure of costs by insurer

Statistical data submitted by insurance company to rating organization; verification by employer; issuance of experience modification worksheets to insured

Considerations in employer’s experience modification factor

Consideration of employer’s experience while self-insured

Purpose of article

Definitions

Eligibility for establishing a fund

Filing of intent to form fund; notice of intent to refuse to issue certificate of authority

Application to Commissioner for certificate of authority to create fund; contents of application; filing fee; membership of fund  

Issuance of certificate of authority; grounds for denial or revocation; annual renewal fee

Compliance with workers’ compensation obligations by participation in fund

License required for solicitation of membership or participation in fund; procedure for admission of new members; underwriting criteria

Voluntary termination of members; grounds and procedure for involuntary termination of membership; effect of voluntary or involuntary termination on obligations

Boards of trustees — Appointment of members

Boards of trustees — Powers

Annual reports of affairs and operations of funds; additional periodic reports; verification of reports; compliance condition for renewal of certificates

Method of determining financial condition and solvency of a fund and financial capacity of fund to pay obligations

Securities deposit; excess loss funding program

Maintenance of surplus and expendable surplus; waiver of surplus requirements; return of surplus to members of fund

Investment of assets; maintenance of loss reserves

Payment of operating expenses by members of fund; liability of members; payment by funds of expenses of State Board of Workers’ Compensation; legal capacity of funds

Requirements as to contracts between funds and administrators not employed by funds

Fiduciary responsibilities of trustees, officers, or administrators of moneys

Bond, liability insurance, and resident office of administrator

Grounds and procedure for restraining transaction of business by fund or administrator; appointment of receivers; criminal prosecution

Revocation and suspension of certificates of authority; probation and fine; voluntary dissolution or termination of functions

Taxes — Imposition; deductions, reductions, abatements, and credits

Tax exemption

Examinations by Commissioner to verify solvency of funds

Remedy of deficiencies in surplus or reserve; initiation of insolvency proceedings; assessments upon liquidation

Promulgation of rules and regulations 

Hearings or other proceedings for aggrieved parties

Service of process; venue of actions

Funds not to be deemed insurers

Construction of article

Application of Chapter 6 of Title 33 to funds; enforcement by Commissioner

Officials of funds prohibited from having pecuniary interests in transactions; exceptions

Administrative fines, probation, or additional penalties

Deadline for compliance

Compensation for medical care, artificial members, and other treatment and supplies; effect of employee’s refusal of treatment; employer’s liability for temporary care

Rehabilitation benefits; effect of employee’s refusal of treatment; rehabilitation suppliers; catastrophic injury cases

Selection of physician from panel of physicians; change of physician or treatment; liability of employer for failure to maintain panel

Examination of injured employee; request for autopsy; examination by physician designated by employee

Employer’s pecuniary liability for medical charges; liability for medical malpractice; payment of reasonable charges; inclusion of reports and documentation with charges; defense for failure to make payments; penalties

Compensation where death or disability caused by nonwork related injury

Board approval of physician’s fees, hospital, and other charges; collection of fees; schedule of charges; filing costs for peer review

Reimbursement for costs of medical treatment

Employee’s waiver of confidentiality of communications with physician; release for medical records and information

Certification of managed health care providers

Period of incapacity preceding payment of compensation

Procedure; payment controverted by employer; delinquency charge; enforcement

Lump sum payments of all or part of compensation generally

Lump sum payments to trustees

Payment of compensation to employees in service of more than one employer

Effect of written receipt of widow or widower, minor, or guardian upon liability of employer; determination of obligation of employer to rival claimants

Appointment of guardian for minor or incompetent claimant

Effect of refusal of suitable employment by injured employee; attempting or refusing to attempt work with restrictions 

Effect of subsequent injury on compensation

Compensation for injury outside of state

Effect of payments made when not due; employer credit or reduction for employer funded payments pursuant to disability plan

Reimbursement of provider of disability benefits to person who subsequently files claim

Repayment of overpayment by claimant

Basis and method for computing compensation generally

Compensation for total disability

Compensation for temporary partial disability

Compensation for permanent partial disability

Compensation for loss of hearing caused by harmful noise; procedure for measuring degree of hearing impairment; eligibility for compensation; liability of employer

Compensation for death resulting from injury and other causes; penalty for death from injury proximately caused by intentional act of employer; payment of death benefits where no dependents found

Payment of compensation for time loss, disability, or death resulting from hernia

Definitions

Prerequisites to compensation for occupational disease

Payment of medical and burial expenses of claimants

Applicability to occupational diseases of provisions of Code Section 34-9-263 regarding permanent partial industrial disabilities

Liability of last employer; compensation based on average weekly wage

Noncompensable disease or infirmity

Payment of compensation to persons whose relationship with employee arises after disability

Applicability of article to occupational diseases in which last injurious exposure occurred before April 30, 1946

Applicability of provisions of chapter to article

Exclusive liability of employer for employee’s death or disability from occupational disease

Reporting of hazardous occupations and cases of occupational disease to Department of Human Resources

Effect of false representations by employee regarding previous disability from or compensation for occupational disease     

Payment of expenses of board

Resolution of medical questions resulting from claims for compensation

Contents of written notice; manner of delivery

Promulgation of rules and regulations by medical board as to making of examinations and autopsies; determination of location of examinations; procedure by medical board in conducting medical investigations; reporting of investigation

Power to compel attendance of witnesses and production of records

Purpose and construction of article

Definitions

Exclusion from eligibility for reimbursement of certain self-insured employers

Creation and authority of Subsequent Injury Trust Fund; director of Office of Treasury and Fiscal Services as custodian

Surety bonds of administrator and custodian

Creation and appointment of board of trustees; duties; term of office of members and chairman; oath of office

Appointment of administrator; merit system coverage; administration of article; members of retirement system

Payment of travel expenses of board members, administrator, and employees; per diem allowance of board members

Payment of costs of administration; submission and approval of annual budget; audit of funds

Payment of assessments to fund by insurers and self-insurers    

Reports by employers of compensation and benefits paid; failure to pay assessments

Reimbursement of employer or insurer for subsequent injury compensation payments; amounts of and prerequisites to reimbursement from fund

Employer’s knowledge of employee’s preexisting permanent impairment

Notice by employer or insurer of claim against fund; request for a hearing 

Agreements for reimbursement from fund; hearing by State Board of Workers’ Compensation in absence of agreement; compromise settlements

Duty to notify administrator of proposed settlement agreements after reimbursement agreement has been reached; approval of such settlement agreements

Apportionment or denial of reimbursement for expenses paid by employer or insurer

Injuries to which article is applicable

Binding of fund to questions determined in proceedings to which it was not a party

Liability of fund for interest or attorney’s fees

Reimbursement of self-insured employers or insureds; actuarial study required; dissolution of Subsequent Injury Trust Fund 

Purpose of article

Definitions

Establishment of Self-insurers Guaranty Trust Fund; use of fund; application to be accepted in fund

Membership of board of trustees of fund

General powers of board of trustees

Bankruptcy of participants

Assessment of participants; liability of fund and participants for claims; revocation of participant’s authority to be self-insured

Reimbursement and security deposit from participant for compensation obligations

Reports of participant’s insolvency; participant’s audits; review of applications for self-insurance and recommendations thereon

State absolved of responsibility for debts incurred under fund      

Legislative intent

Definitions

Insurance premium discount

Certification

Elements of program; applicable confidentiality standards

Notice of testing; written policy statement

Conduct of testing; types of tests; random testing; procedures for specimen collection and testing; laboratory qualifications, procedures, and reports; confirmation tests

Employee Assistance Programs

Education program on substance abuse

Supervisor training on substance abuse

Physician-patient relationship not created; authorized work rules; applicability of article; medical screening or other tests authorized; employer not required to establish program

Confidentiality of information

Rules and regulations

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