O.C.G.A.

O.C.G.A. § 34-9-19 (2019)

Penalty for false or misleading statements when obtaining or denying benefits

✓ 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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Any person, firm, or corporation who willfully makes any false or misleading statement or representation for the purpose of obtaining or denying any benefit or payment under this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 or more than $10,000.00 or by imprisonment not to exceed 12 months, or by both such fine and imprisonment. Additionally, any person, firm, or corporation who violates this Code section may also be assessed the cost of investigation or prosecution, or both, in accordance with Chapter 11 of Title 17, relating to the assessment and payment of costs of criminal proceedings. All penalties and costs assessed under this Code section shall be tendered and made payable to the State Board of Workers’ Compensation. All such penalties shall be deposited in the general fund of the state treasury.

History

(Code 1933, § 114-9905, enacted by Ga. L. 1973, p. 232, § 10; Ga. L. 1995, p. 642, § 4; Ga. L. 1996, p. 1291, § 6.)

Annotations

Editor’s notes. - Ga. L. 1995, p. 642, § 13, not codified by the General Assembly, provides for severability. JUDICIAL DECISIONS Cited in Fox v. Stanish, 150 Ga. App. 537, 258 S.E.2d 190 (1979); Samuel v. Baitcher, 154 Ga. App. 602, 269 S.E.2d 96

(1980); O’Neal v. Cincinnati Ins. Co., 169 Ga. App. 483, 313 S.E.2d 501 (1984).

RESEARCH REFERENCES C.J.S. - 101 C.J.S., Workers’ Compensation, § 1711 et seq. ALR. - Relief from settlement or compromise of claim under Workmen’s Com-

pensation Act upon ground of fraud or mistake respecting amount of compensation to which employee was entitled, 121 ALR 1270.

Notes of Decisions

Cited in 2 cases, 1984–1989 · leading case: Georgia Elec. Co. v. Rycroft, 378 S.E.2d 111 (Ga. 1989).

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Georgia Elec. Co. v. Rycroft, 378 S.E.2d 111 (Ga. 1989). · cites it 2× “OCGA § 34-9-19 subjects a person who wilfully makes a false or misleading statement or representation for the purpose of obtaining a benefit or payment, to a misdemeanor prosecution.”

O'Neal v. Cincinnati Ins., 313 S.E.2d 501 (Ga. Ct. App. 1984). · cites it 2× “See OCGA § 34-9-19 (Code Ann. § 114-9905). Particularly where the stipulation on its face, in its entirety, shows there is “a bona fide dispute as to facts, the determination of which will materially affect the right .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.