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2018 Georgia Code 34-9-19 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 34-9-19 Case Law from Google Scholar Amendments to OCGA 34-9-19

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

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

ARTICLE 1 GENERAL PROVISIONS

34-9-19. Penalty for false or misleading statements when obtaining or denying benefits.

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.

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

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 Compensation Act upon ground of fraud or mistake respecting amount of compensation to which employee was entitled, 121 A.L.R. 1270.

Cases Citing O.C.G.A. § 34-9-19

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Georgia Elec. Co. v. Rycroft, 378 S.E.2d 111 (Ga. 1989).

Cited 29 times | Published | Supreme Court of Georgia | Apr 6, 1989 | 259 Ga. 155

...sal to use a safety appliance or perform a duty required by statute or the willful breach of any rule or regulation adopted by the employer and approved by the board, of which rule or regulation the employee has knowledge prior to the accident. 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....
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Potts v. Uap-ga. Ag. Chem., Inc., 506 S.E.2d 101 (Ga. 1998).

Cited 22 times | Published | Supreme Court of Georgia | Sep 14, 1998 | 270 Ga. 14, 98 Fulton County D. Rep. 3106

...The Act does provide penalties for false or misleading statements made for the purpose of obtaining or denying benefits. However, those penalties are deposited in the general fund of the state treasury and, thus, do not constitute a reasonable remedy for the defrauded employee. OCGA §§ 34-9-18(b), (f), 34-9-19....