O.C.G.A.

O.C.G.A. § 34-9-284 (2019)

Liability of last employer; compensation based on average weekly wage

✓ 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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Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and the insurance carrier, if any, by whom the employer was insured when such employee was last so exposed under such employer shall alone be liable therefor, without right of contribution from any prior employer or insurance carrier. The amount of the compensation for any occupational disease shall be based upon the average weekly wages of the employee, as determined under Code Section 34-9-260. The date upon which the employee first suffers disablement from the occupational disease or the last date the employee was employed by any employer, whichever date would provide the higher average weekly wage for such employee, shall be deemed the date of the injury for the purpose of determining the average weekly wage; and the notice of injury and claim for compensation, as required by Code Sections 34-9-80 through 34-9-82, 34-9-85, and 34-9-86, shall be given and made to such employer.

History

(Code 1933, § 114-809, enacted by Ga. L. 1946, p. 103; Ga. L. 1982, p. 3, § 34; Ga. L. 1987, p. 1474, § 3.)

Annotations

Editor’s notes. - Ga. L. 1987, p. 1474, § 17, not codified by the General Assembly, provided that that Act would apply to

any occupational disease not previously diagnosed before July 1, 1987.

JUDICIAL DECISIONS Cited in Lanier v. Jim Brown Dev. Corp., 199 Ga. App. 255, 404 S.E.2d 626 (1991). RESEARCH REFERENCES Am. Jur. 2d. - 82 Am. Jur. 2d, Workers’ Compensation, § 311 et seq. C.J.S. - 100 C.J.S., Workers’ Compensation, § 945 et seq.

ALR. - Workers’ compensation: Liability of successive employers for disease or condition allegedly attributable to successive employments, 34 ALR4th 958.

Notes of Decisions

Cited in 5 cases, 1984–2019 · leading case: Mckenney's, Inc. v. Sinyard, 828 S.E.2d 639 (Ga. Ct. App. 2019).

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Mckenney's, Inc. v. Sinyard, 828 S.E.2d 639 (Ga. Ct. App. 2019). · cites it 10× “McKenney's opposed the claim, arguing that under OCGA § 34-9-284 it was not Sinyard's employer when he was last injuriously exposed to asbestos.”

Price v. Lithonia Lighting Co., 343 S.E.2d 688 (Ga. 1986). · cites it 2× “In this regard, § 34-9-284 provides that "[t]he amount of the compensation for any occupational disease shall be based upon the average weekly wages of the employee, as determined under Code Section 34-9-260.”

Dugger v. North Bros., 323 S.E.2d 907 (Ga. Ct. App. 1984). · cites it 2× “The 30-day notice requirement set forth in OCGA § 34-9-80 is specifically made applicable by OCGA § 34-9-284 to claims for compensation for occupational disease.”

Lanier v. Jim Brown Dev. Corp., 404 S.E.2d 626 (Ga. Ct. App. 1991). · cites it 4× “Appellant filed a claim for workers’ compensation benefits against appellee, but the claim was dismissed by the Administrative Law Judge on the ground that the evidence conclusively established that appellee was not the last employer for whom appellant worked so as to be exposed…”

McKenney's Inc. v. Kevin Sinyard (Ga. Ct. App. 2019). · cites it 8× “3 McKenney’s opposed the claim, arguing that under OCGA § 34-9-284 it was not Sinyard’s employer when he was last injuriously exposed to asbestos.”

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.