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Call Now: 904-383-7448It is the purpose of this article to encourage the employment of persons with disabilities by protecting employers from excess liability for compensation when an injury to a disabled worker merges with a preexisting permanent impairment to cause a greater disability than would have resulted from the subsequent injury alone. It shall not be construed to create, increase, or provide any benefits for injured employees or their dependents not otherwise provided by this chapter. The entitlement of an injured employee or dependents to compensation under this chapter shall be determined without regard to this article, the provisions of which shall be considered only in determining whether the employer or insurer who has paid compensation under this chapter is entitled to reimbursement from the Subsequent Injury Trust Fund.
(Code 1933, § 114-911, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1995, p. 1302, §§ 14, 15.)
- Manner of determining right to compensation upon subsequent injury, § 34-9-241.
- For annual survey of law of worker's compensation, see 56 Mercer L. Rev. 479 (2004).
- Employer/insurer was entitled to reimbursement for excess liability when an employee with a preexisting permanent impairment, consisting of venous insufficiency, a cardiovascular disorder, suffered a subsequent compensable injury in the form of a bacterial infection, such that the merger of the preexisting impairment and compensable injury caused greater disability than would have resulted from the compensable injury above. Subsequent Injury Trust Fund v. Hanson Indus., 211 Ga. App. 700, 440 S.E.2d 89 (1994).
- 82 Am. Jur. 2d, Workers' Compensation, § 362.
- 100 C.J.S., Workers' Compensation, § 743 et seq.
- Workers' compensation: compensability of injuries incurred traveling to or from medical treatment of earlier compensable injury, 83 A.L.R.4th 110.
Total Results: 5
Court: Supreme Court of Georgia | Date Filed: 2014-09-22
Citation: 295 Ga. 641, 763 S.E.2d 447, 2014 Ga. LEXIS 710
Snippet: “subsequent injury trust fund codified in OCGA § 34-9-350 is unconstitutional” because it diverts death
Court: Supreme Court of Georgia | Date Filed: 1997-02-17
Citation: 481 S.E.2d 196, 267 Ga. 613, 97 Fulton County D. Rep. 524, 6 Am. Disabilities Cas. (BNA) 605, 1997 Ga. LEXIS 51
Snippet: the Georgia Subsequent Injury Trust Fund, OCGA § 34-9-350 et seq., which allows employers with knowledge
Court: Supreme Court of Georgia | Date Filed: 1996-07-01
Citation: 266 Ga. 866, 471 S.E.2d 877, 96 Fulton County D. Rep. 2466, 1996 Ga. LEXIS 488
Snippet: 357, 359-360 (464 SE2d 922) (1995). OCGA § 34-9-350. OCGA § 34-9-363.1. See Bekaert Steel Wire
Court: Supreme Court of Georgia | Date Filed: 1995-10-02
Citation: 462 S.E.2d 367, 265 Ga. 790, 95 Fulton County D. Rep. 3059, 1995 Ga. LEXIS 833
Snippet: limited to consideration of the provisions of OCGA § 34-9-350 et seq., since it is those provisions which are
Court: Supreme Court of Georgia | Date Filed: 1989-04-06
Citation: 378 S.E.2d 111, 259 Ga. 155, 1989 Ga. LEXIS 145
Snippet: arising from pre-existing health conditions. OCGA § 34-9-350 et seq. These funds, however, generally require