O.C.G.A.
O.C.G.A.

O.C.G.A. § 34-9-291 (2019)

Effect of false representations by employee regarding previous disability from or compensation for occupational disease

✓ 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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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.

History

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

Annotations

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 ALR5th 658.

Notes of Decisions
Cited in 1 case, 1989–1989 · leading case: Georgia Elec. Co. v. Rycroft, 378 S.E.2d 111 (Ga. 1989).
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Georgia Elec. Co. v. Rycroft, 378 S.E.2d 111 (Ga. 1989). · cites it 5× “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 represented himself in writing…”
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