O.C.G.A.
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.
(a) 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.
(b) It is the intent of the General Assembly that this Code section codify existing case law.
History
(Ga. L. 1920, p. 167, § 28; Code 1933, § 114-503; Ga. L. 1998, p. 1508, § 5.)
Annotations
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 sub-
mit to, or cooperate in, medical or surgical treatment, 114 ALR Fed. 141.
Notes of Decisions
Lowndes Cnty. Bd. of Commissioners v. Connell, 701 S.E.2d 227 (Ga. Ct. App. 2010).
· cites it 4× “” Given the conflicting evidence presented by the parties, the State Board was authorized to find that the torn ACL was the direct result of the four-wheeler incident and was not causally connected to the August 2006 incident. “No liability arises from disability resulting from…”
City of Buford v. Thomas, 347 S.E.2d 713 (Ga. Ct. App. 1986).
· cites it 2× “The problem with reliance on this provision is that the factfinders did not find neglect in employee’s getting out of bed, and the evidence before the factfinders did not demand as a matter of law the conclusion that employee acted negligently when he tried to get out of bed…”
Express Emp. Professionals v. Terry Barker (Ga. Ct. App. 2021).
· cites it 3× “6 OCGA § 34-9-204 (a) provides that “[n]o 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…”
Flores v. Dependable Tire Co., Inc., 726 S.E.2d 776 (Ga. Ct. App. 2012).
· cites it 2× “Pursuant to OCGA § 34-9-204 (a), [n]o 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…”
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.