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2018 Georgia Code 34-9-350 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 34-9-350 Case Law from Google Scholar Amendments to OCGA 34-9-350

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

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

ARTICLE 9 SUBSEQUENT INJURY TRUST FUND

34-9-350. Purpose and construction of article.

It 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.)

Cross references.

- Manner of determining right to compensation upon subsequent injury, § 34-9-241.

Law reviews.

- For annual survey of law of worker's compensation, see 56 Mercer L. Rev. 479 (2004).

JUDICIAL DECISIONS

Employee with preexisting permanent impairment injured on the job.

- 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).

RESEARCH REFERENCES

Am. Jur. 2d.

- 82 Am. Jur. 2d, Workers' Compensation, § 362.

C.J.S.

- 100 C.J.S., Workers' Compensation, § 743 et seq.

ALR.

- Workers' compensation: compensability of injuries incurred traveling to or from medical treatment of earlier compensable injury, 83 A.L.R.4th 110.

Cases Citing O.C.G.A. § 34-9-350

Total Results: 5  |  Sort by: Relevance  |  Newest First

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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

...ry. Furthermore, because of the policy of encouraging the employment of disabled persons, Georgia, like many states, provides employers access to a subsequent-injury trust fund for compensable claims arising from pre-existing health conditions. OCGA § 34-9-350 et seq....
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Georgia Subsequent Injury Trust Fund v. Muscogee Iron Works, 462 S.E.2d 367 (Ga. 1995).

Cited 9 times | Published | Supreme Court of Georgia | Oct 2, 1995 | 265 Ga. 790, 95 Fulton County D. Rep. 3059

...Accordingly, unless there is statutory authority for the award of attorney's fees against a party to such a proceeding for reimbursement, the award of attorney's fees against the Fund cannot be upheld. In determining whether such statutory authority exists, the courts are limited to consideration of the provisions of OCGA § 34-9-350 et seq., since it is those provisions which are deemed to control proceedings initiated by an employer or insurer seeking reimbursement from the Fund. OCGA § 34-9-350. A recovery of attorney's fees is not expressly authorized by any provision of OCGA § 34-9-350 et seq....
...does not serve to incorporate the terms of OCGA § 34-9-108(b)(1) so as to authorize an award of attorney's fees in a proceeding for reimbursement against the Fund. As evidenced by a proper construction of the applicable statutory provisions of OCGA § 34-9-350 et seq., the public policy of this state is that the attorney's fees of an employer or insurer are not recoverable from the Fund....
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Barzey v. City of Cuthbert, 295 Ga. 641 (Ga. 2014).

Cited 6 times | Published | Supreme Court of Georgia | Sep 22, 2014 | 763 S.E.2d 447

...without 12 offending due process and equal protection guarantees.” (citation omitted)). 4 (c) Finally, citing Adams v. Collins, 195 Ga. App. 36, 37 (392 SE2d 549) (1990), Barzey argues that the “subsequent injury trust fund codified in OCGA § 34-9-350 is unconstitutional” because it diverts death benefits “from the heirs of the decedent to an entirely different worker bearing no relationship to the antecedent death whatsoever.” This argument is unfounded. To begin with,...
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Caldwell v. Aarlin/Holcombe Armature Co., 481 S.E.2d 196 (Ga. 1997).

Cited 4 times | Published | Supreme Court of Georgia | Feb 17, 1997 | 267 Ga. 613, 97 Fulton County D. Rep. 524, 6 Am. Disabilities Cas. (BNA) 605

...oyment applications and upholds Georgia statutory law voiding contracts procured through fraud. Id. at 159, 378 S.E.2d 111. Further, the Court found the defense to be consistent with the requirements of the Georgia Subsequent Injury Trust Fund, OCGA § 34-9-350 et seq., which allows employers with knowledge of a worker's disability to access the fund, thereby encouraging the employment of disabled persons by protecting employers from excess liability when a worker's injury merges with a preexisting permanent impairment....
...Lumbermen's Mut. Cas. Co. v. Griggs, 190 Ga. 277, 9 S.E.2d 84 (1940). Under Georgia law, the Subsequent Injury Trust Fund statute seeks to encourage employment of persons with disabilities without imposing an undue financial hardship on the employer. OCGA § 34-9-350....
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Altermatts Painting v. Subsequent Injury Trust Fund, 266 Ga. 866 (Ga. 1996).

Cited 2 times | Published | Supreme Court of Georgia | Jul 1, 1996 | 471 S.E.2d 877, 96 Fulton County D. Rep. 2466

...Because Altermatts failed to follow the required statutory procedure, the trust fund is not obligated to pay the employer under the reimbursement agreement. Judgment affirmed. All the Justices concur. See Altermatts Painting v. Subsequent Injury Trust Fund, 219 Ga. App. 357, 359-360 (464 SE2d 922) (1995). OCGA § 34-9-350. OCGA § 34-9-363.1. See Bekaert Steel Wire Corp....