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O.C.G.A. § 34-9-204 — Compensation where death or disability caused by nonwork related injury | Georgia Code
O.C.G.A. § 34-9-204 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

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

ARTICLE 6 PAYMENT OF COMPENSATION

34-9-204. Compensation where death or disability caused by nonwork related injury.

  1. No compensation shall be payable for the death or disability of an employee if his or her death is caused by or, insofar as his or her disability, may be aggravated, caused, or continued by a subsequent nonwork related injury which breaks the chain of causation between the compensable injury and the employee's disability.
  2. It is the intent of the General Assembly that this Code section codify existing case law.

(Ga. L. 1920, p. 167, § 28; Code 1933, § 114-503; Ga. L. 1998, p. 1508, § 5.)

Law reviews.

- For review of 1998 legislation relating to labor and industrial relations, see 15 Ga. St. U.L. Rev. 185 (1998).

JUDICIAL DECISIONS

New injury unrelated to prior work injury.

- Superior court erred by reversing the State Board of Workers' Compensation's finding that an employee's torn knee ligament was a non-compensable new injury under O.C.G.A. § 34-9-204 resulting solely from a four-wheeler incident at the employee's home and was not caused by a prior injury occurring during the employee's job as a high risk warrant server because there was some evidence to support the finding including the employee's testimony that the pain suffered at the time of the four-wheeler incident was different from the employee's previous pain. Lowndes County Bd. of Comm'rs v. Connell, 305 Ga. App. 844, 701 S.E.2d 227 (2010).

RESEARCH REFERENCES

ALR.

- Social security: right to disability benefits as affected by refusal to submit to, or cooperate in, medical or surgical treatment, 114 A.L.R. Fed. 141.

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This Georgia Code resource is curated by the attorney maintaining this site, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 34 in the context of Georgia workers' compensation and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.