O.C.G.A. § 34-9-18 (2019)

Annotations

Editor’s notes. - Ga. L. 1995, p. 642, § 13, not codified by the General Assembly, provides for severability.

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

JUDICIAL DECISIONS Subsection (f ) not applied retroactively. - Provision of O.C.G.A. § 34-9-18(f ), directing that all penalties be paid to the state, as opposed to an earlier interpretation of the statute allowing the board to direct the payment of penalties to others, could not be applied retroactively. Mullis v. NC-CNH, Inc., 218 Ga. App. 332, 461 S.E.2d 237 (1995) (decided prior to 1996 amendment). Notice and hearing. - Administrative law judge’s imposition of civil penalties against an employer and its insurer without notice and opportunity to be heard violated their rights to constitutional due process. Atlanta Janitorial Serv., Inc. v. Jackson, 182 Ga. App. 155, 355 S.E.2d 93 (1987). ‘‘Willfulness.’’ - Employer’s conscious indifference in failing to file a form required when salary was paid in lieu of benefits was the equivalent of ‘‘willfulness.’’ State v. Graul, 181 Ga. App. 573, 353 S.E.2d 70 (1987). Board’s finding that a penalty was authorized under O.C.G.A. § 34-9-18 constituted an implicit finding of ‘‘willfulness.’’ State v. Graul, 181 Ga. App. 573, 353 S.E.2d 70 (1987). When a self-insurer temporarily ceased benefits payments, but notified the Board and the Insurance Commissioner, and when there was no evidence in the claimant’s record authorizing a finding of willfulness or the imposition of a civil penalty, there was no error of fact or of law made by the administrative law judge or the board in failing to assess a civil penalty or to award attorney’s fees. Grier v. Proctor, 195 Ga. App. 116, 393 S.E.2d 18 (1990). Penalties improper when employer not notified. - Assessment of civil penalties against an employer was improper since the claimant’s request for a hearing did not contain notice that penalties were being sought, and since the administrative law judge failed to notify the employer that this issue would be considered at the hearing. Atlanta Care Convales-

cence Center v. Travelers Ins. Co., 187 Ga. App. 283, 370 S.E.2d 40 (1988). Penalties assessed against employer upheld on appeal. - State Board of Workers’ Compensation was authorized under O.C.G.A. § 34-9-18(a) to assess civil penalties and attorney fees against an employer for its wilfull violation of Ga. Bd. Workers’ Comp. R. 205, after the employer failed to timely respond to a request for preauthorization of a referral made by the employee’s authorized physician. Caremore, Inc./Wooddale Nursing Home v. Hollis, 283 Ga. App. 681, 642 S.E.2d 375 (2007). Exposure to civil penalties. - Superior court erroneously reversed the decision of the Georgia Board of Workers’ Compensation’s Appellate Division that the former employer had not shown under O.C.G.A. § 34-9-104(a) that suitable work was available; evidence supported the Division’s decision, as many of the jobs recommended by the rehabilitation counselor were unsuitable, and even if the Division found that the counselor failed to take actions that would have violated Board rules and subjected the counselor to civil penalties under O.C.G.A. § 34-9-18, this did not render insufficient evidence sufficient. Korner v. Educ. Mgmt. Corp., 281 Ga. App. 322, 635 S.E.2d 892 (2006), cert. denied, 2007 Ga. LEXIS 104 (Ga. 2007). ‘‘Any evidence’’ rule. - Based on ample evidence that an employee performed work for the company and derived income therefrom while at the same time receiving temporary total disability benefits, an award of attorney fees to the employer’s insurer pursuant to O.C.G.A. § 34-9-108(b)(1), the assessment of a civil penalty against the employee pursuant to O.C.G.A. § 34-9-18(b), and the referral of the matter to the Enforcement Division of the Board pursuant to O.C.G.A. § 34-9-24 should have been affirmed by a trial court under the ‘‘any evidence’’ standard of review. Trax-Fax, Inc. v. Hobba, 277 Ga. App. 464, 627 S.E.2d 90 (2006).

Cited in Caldwell v. Perry, 179 Ga. App. 682, 347 S.E.2d 286 (1986); Davis v. Union Camp Corp., 188 Ga. App. 36, 371 S.E.2d 898 (1988); Doss v. Food Lion, Inc., 267

Ga. 312, 477 S.E.2d 577 (1996); Stewart v. Auto-Owners Ins. Co., 230 Ga. App. 265, 495 S.E.2d 882 (1998).

RESEARCH REFERENCES Am. Jur. 2d. - 82 Am. Jur. 2d, Workers’ Compensation, § 583. C.J.S. - 100 C.J.S., Workers’ Compensation, § 712 et seq. ALR. - Statutory provisions regarding action against employer who does not as-

sent to Workmen’s Compensation Act as affirmative support for right of action by employee, not otherwise existing, 97 ALR 1297. Recovery of cumulative statutory penalties, 71 ALR2d 986.