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2018 Georgia Code 34-9-123 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 34-9-123 Case Law from Google Scholar Amendments to OCGA 34-9-123

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Section 9. Workers' Compensation, 34-9-1 through 34-9-432.

ARTICLE 4 INSURANCE OF COMPENSATION LIABILITY GENERALLY

34-9-123. Policy provisions regarding effect of notice or knowledge by insured employer as to occurrence of injury.

All policies insuring the payment of compensation under this chapter, including all contracts of mutual, reciprocal, or interinsurance must contain a clause to the effect that, as between the employer and the insurer or insurers, the notice to or knowledge of the occurrence of the injury on the part of the insured employer shall be deemed notice or knowledge, as the case may be, on the part of the insurer or insurers; that jurisdiction of the insured, for the purposes of this chapter, shall be jurisdiction of the insurer or insurers; and that the insurer or insurers shall in all things be bound by and subject to awards, judgments, or decrees rendered against such insured employer.

(Ga. L. 1920, p. 167, § 70; Ga. L. 1933, p. 182, § 1; Code 1933, § 114-606.)

JUDICIAL DECISIONS

Proceeding under the workers' compensation law (see now O.C.G.A. § 34-9-1 et seq.) is a proceeding against the employer, and the insurance carrier's only obligation is to pay any award of compensation rendered against the employer. Patterson v. Curtis Publishing Co., 58 Ga. App. 211, 198 S.E. 102 (1938).

Cited in Southern Ry. v. Overnite Transp. Co., 225 Ga. 291, 168 S.E.2d 166 (1969); Employers Mut. Liab. Ins. Co. v. Miller, 131 Ga. App. 681, 206 S.E.2d 574 (1974); George v. Ashland-Warren, Inc., 254 Ga. 95, 326 S.E.2d 744 (1985).

RESEARCH REFERENCES

Am. Jur. 2d.

- 82 Am. Jur. 2d, Workers' Compensation, § 500 et seq.

C.J.S.

- 100 C.J.S., Workers' Compensation, § 971.

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.

Insurance carrier's liability for part of employer's liability attributable to violation of law or other misconduct on his part, 1 A.L.R.2d 407.

Cases Citing Georgia Code 34-9-123 From Courtlistener.com
Total Results: 1
George v. Ashland-Warren, Inc.
Court: Supreme Court of Georgia | Date Filed: 1985-03-14
Citation: 326 S.E.2d 744, 254 Ga. 95, 1985 Ga. LEXIS 629
Snippet: workers' compensation insurance policy. OCGA §§ 34-9-123, 34-9-124. While such agreement would benefit