O.C.G.A.

O.C.G.A. § 34-9-137 (2019)

Considerations in employer’s experience modification factor

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Whenever an experience modification factor is applied to the premium of an employer’s policy of workers’ compensation insurance, consideration shall be given to:

(1) Any amounts recovered by such employer or its insurer pursuant to Code Section 34-9-11.1, relating to rights of action against third parties and subrogation; and

(2) Code Section 34-9-360, relating to reimbursements from the Subsequent Injury Trust Fund. In addition, the insurer shall not include in the computation of such factor any penalties which were incurred pursuant to this chapter by the actions of the insurer or its representative.

History

(Code 1981, § 34-9-137, enacted by Ga. L. 1992, p. 1942, § 14; Ga. L. 1994, p. 887, § 9.)

Annotations

Law reviews. - For note on the 1992 enactment of this Code section, see 9 Ga. St. U.L. Rev. 285 (1992). For note on the