Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Whenever any employee whose injury or death is compensable under this chapter shall at the time of the injury be in the joint service of two or more employers subject to this chapter, such employers shall contribute to the payment of such compensation in proportion to their wage liability to such employee; provided, however, that nothing in this Code section shall prevent any reasonable arrangement between such employers for a different distribution as between themselves of the ultimate burden of compensation.
(Ga. L. 1920, p. 167, § 49; Code 1933, § 114-419.)
- For article surveying developments in Georgia workers' compensation law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 323 (1981).
- This section demonstrated an intention on the part of the legislature to apportion the loss when an employee was in the joint service of two or more employers. United States Fid. & Guar. Co. v. Murray, 140 Ga. App. 708, 231 S.E.2d 502 (1976).
- If more than one compensation-insurance carrier was liable for compensation in the case of a single injury to an employee, the State Board had jurisdiction to prorate such compensation in the award when originally made. Glens Falls Indem. Co. v. Liberty Mut. Ins. Co., 202 Ga. 752, 44 S.E.2d 543 (1947).
- This section was not directly applicable when there was no wage liability on the part of the "employers." United States Fid. & Guar. Co. v. Murray, 140 Ga. App. 708, 231 S.E.2d 502 (1976).
- It is well settled that the fact that an employee is the general servant of one employer does not prevent the employee from becoming the particular servant of another under special circumstances. Scott v. Savannah Elec. & Power Co., 84 Ga. App. 553, 66 S.E.2d 179 (1951).
- O.C.G.A. § 34-9-224 does not prevent an injured employee from collecting workers' compensation benefits from one partner in a joint venture when the other partner, from whom the employee received all the employee's wages, is unable to pay any workers' compensation benefits. Seckinger & Co. v. Foreman, 252 Ga. 540, 314 S.E.2d 891 (1984).
- When the record affords no basis for a holding that a county incurred any liability for payment of wages, there can be no liability on the county and its insurer for payment of workers' compensation to claimants as the statute expressly imposes proration of liability in proportion to wage liability. Argonaut Ins. Co. v. Head, 149 Ga. App. 528, 254 S.E.2d 747 (1979).
- When a police officer was killed in disbanding a disturbance while performing an authorized, independent security job, the officer was also performing a police function, on duty in an emergency, and the city was required to bear its share of the compensation award under this section. United States Fire Ins. Co. v. City of Atlanta, 135 Ga. App. 390, 217 S.E.2d 647 (1975).
Cited in Aetna Cas. & Sur. Co. v. Daniel, 80 Ga. App. 383, 55 S.E.2d 854 (1949); Georgia Cas. & Sur. Co. v. Moore, 142 Ga. App. 191, 235 S.E.2d 591 (1977); Bennett v. Browning, 196 Ga. App. 158, 395 S.E.2d 333 (1990).
- Workmen's compensation: one employed concurrently or jointly by several, 58 A.L.R. 1395.
Right as between employer primarily responsible under Workmen's Compensation Act and employer secondarily liable under the act (or their insurers) where injury was due to latter's negligence, 117 A.L.R. 571.
Right to indemnity or contribution as between insurance carriers under workmen's compensation laws of different states, 126 A.L.R. 881.
Modern status of effect of State Workmen's Compensation Act on right of third-person tort-feasor to contribution or indemnity from employer of injured or killed workman, 100 A.L.R.3d 350.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 1984-04-24
Citation: 314 S.E.2d 891, 252 Ga. 540, 1984 Ga. LEXIS 745
Snippet: involved former Code Ann. § 114-419, now OCGA § 34-9-224. That Code section provides: "Whenever any employee