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2018 Georgia Code 34-9-291 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 34-9-291 Case Law from Google Scholar Amendments to OCGA 34-9-291

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

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

ARTICLE 8 COMPENSATION FOR OCCUPATIONAL DISEASE

34-9-291. Effect of false representations by employee regarding previous disability from or compensation for occupational disease.

No compensation shall be payable for an occupational disease if the employee, in the course of or in the course of entering into the employment of the employer by whom the compensation would otherwise be payable, falsely represented himself in writing to such employer as not having previously been disabled, laid off, or compensated in damages or otherwise because of such disease.

(Code 1933, § 114-804, enacted by Ga. L. 1946, p. 103.)

JUDICIAL DECISIONS

This section related only to effect of false preemployment statements concerning previous occupational disease. GMC v. Hargis, 114 Ga. App. 143, 150 S.E.2d 303 (1966).

RESEARCH REFERENCES

Am. Jur. 2d.

- 82 Am. Jur. 2d, Workers' Compensation, §§ 46, 578.

C.J.S.

- 100A C.J.S., Workers' Compensation, § 1083 et seq.

ALR.

- Eligibility for workers' compensation as affected by claimant's misrepresentation of health or physical condition at the time of hearing, 12 A.L.R.5th 658.

Cases Citing O.C.G.A. § 34-9-291

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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

...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. OCGA § 34-9-291 provides: No compensation shall be payable for an occupational disease if the employee, in the course of or in the course of entering into the employment of the employer by whom the compensation would otherwise be payable, falsely represe...
...employer about preemployment health conditions. Therefore, even if we agree with the appellee that an "injury" and "occupational disease" are separate and distinct from each other and appellee's back injury is not a "disease" within the meaning of [ § 34-9-291], we are of the view that public policy, in the absence of a clear legislative intent to the contrary, requires the application here of the test as stated in 1B Larson's Workmen's Compensation Law § 47-53: The following factors must be p...
...rant of, or chooses not to avail himself of, the optional provisions of the subsequent-injury trust fund. In General Motors Corp. v. Hargis, 114 Ga. App. 143 (1) (150 SE2d 303) (1966), the Court of Appeals, noting that Code Ann. § 114-804 (now OCGA § 34-9-291) relates only to the effect of false pre-employment statements concerning previous occupational disease, declined to allow this defense based upon an undisclosed previous wrist injury, on the ground that there was no clear legislative intent to that effect....