Costs not deductible from employee's paycheck.

- Even if an employee agreed to a deduction from the employee's paycheck to cover the cost of workers' compensation insurance, the agreement would be contrary to law and to public policy, and would, therefore, be unenforceable. Morgan S., Inc. v. Lee, 190 Ga. App. 410, 379 S.E.2d 219 (1989).

Employer may insure different operations of its business separately and these separate operations may be insured by different insurance companies. Hanover Ins. Co. v. Sharpe, 148 Ga. App. 195, 250 S.E.2d 815 (1978).

Effect of nonpayment of premium based upon wages of claimant.

- Whether any premium has been paid based upon the wages paid the claimant while employed is a matter solely between the employer and the insurance carrier. To hold that a premium based upon the wages of the employee must have been paid before the employee shall be covered by such policy would abrogate the purpose of the insurance provisions of the workers' compensation law (see now O.C.G.A. § 34-9-1 et seq.). Employers Liab. Assurance Corp. v. Hunter, 184 Ga. 196, 190 S.E. 598 (1937).

Penalties for failure to conform to requirements of chapter.

- The penalties which may be assessed against an employer who fails to meet the requirements of the workers' compensation law (see now O.C.G.A. § 34-9-1 et seq.) are the assessment of damages and attorney fees and criminal prosecution as a misdemeanant. Fox v. Stanish, 150 Ga. App. 537, 258 S.E.2d 190 (1979), overruled on other grounds, Samuel v. Baitcher, 247 Ga. 71, 274 S.E.2d 327 (1981).

Refusal or willful neglect to maintain insurance.

- When there was no suggestion that the statutory employer refused or wilfully neglected to maintain insurance, and nothing in the statute would render the statutory employer vicariously liable for the immediate employer's failure in this regard, the superior court erred in affirming that portion of the board's award against the statutory employer. Franks v. Avila, 200 Ga. App. 733, 409 S.E.2d 564 (1991).

Superior court did not err in affirming the assessment of a penalty and attorney fees by the Appellate Division of the Georgia Board of Workers' Compensation against the contractor because the contractor willfully failed to obtain insurance as the contractor was subject to the Workers' Compensation Act, O.C.G.A. § 34-9-1 et seq., which required the contractor to be insured, as some evidence supported the Board's factual finding that the contractor knew the contractor would need three workers in addition to the contractor to complete the job but told the county that the contractor was not required to obtain coverage under the Act. Wills v. Clay County, 339 Ga. App. 79, 793 S.E.2d 432 (2016).

Cited in McCormack v. Shadburn, 42 Ga. App. 352, 156 S.E. 277 (1930); Moody v. Tillman, 45 Ga. App. 84, 163 S.E. 521 (1932); City of Macon v. Benson, 175 Ga. 502, 166 S.E. 26 (1932); Hunter v. Employers Liab. Assurance Corp., 54 Ga. App. 197, 187 S.E. 209 (1936); Elliott Addressing Mach. Co. v. Howard, 59 Ga. App. 62, 200 S.E. 340 (1938); Seibels, Bruce & Co. v. National Sur. Corp., 63 Ga. App. 520, 11 S.E.2d 705 (1940); Overton-Green Drive-It-Yourself Sys. v. Cook, 65 Ga. App. 274, 16 S.E.2d 50 (1941); Utica Mut. Ins. Co. v. Winters, 77 Ga. App. 550, 48 S.E.2d 918 (1948); Hartford Ins. Group v. Voyles, 149 Ga. App. 517, 254 S.E.2d 867 (1979); Hester v. Saturday, 138 Bankr. 132 (Bankr. S.D. Ga. 1991).

Corporation operating facilities for hospital authority may not self-insure.

- A private, nonprofit corporation that is leasing and operating health care facilities on behalf of a hospital authority may not self-insure its workers' compensation liability as an "entity" of the authority. 1993 Op. Att'y Gen. No. 93-10.

Workers' compensation insurance policies containing standard deductibles are prohibited in Georgia since they do not provide for the direct payment to covered employees of all benefits by an insurer. 1980 Op. Att'y Gen. No. 80-126.

Newspaper dealer as self-insurer.

- If a newspaper dealer fails to carry workers' compensation insurance and comes within the provisions of the workers' compensation law (see now O.C.G.A. § 34-9-1 et seq.), the dealer would probably be liable as a self-insurer. 1962 Op. Att'y Gen. p. 613.

Am. Jur. 2d.

- 82 Am. Jur. 2d, Workers' Compensation, § 663.

C.J.S.

- 99 C.J.S., Workers' Compensation, § 159.

ALR.

- Indemnity from manufacturer or vendor for liability incurred under workmen's compensation law for injury to employee by defective machine furnished employer, 37 A.L.R. 853.

Cancellation or attempted cancellation of insurance under Workmen's Compensation Act, 107 A.L.R. 1514.

Policy of workmen's compensation insurance issued to individual as covering employees of partnership of which he is a member, 114 A.L.R. 724.