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

O.C.G.A. § 34-9-352 (2019)

Creation and authority of Subsequent Injury Trust Fund; state treasurer as custodian

✓ 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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There is established a Subsequent Injury Trust Fund which shall be of a perpetual, nonlapsing nature for the sole purpose of making payments in accordance with this article. The fund shall be administered by the administrator of the Subsequent Injury Trust Fund. All moneys in the fund shall be held in trust and shall not be money or property of the state. The board of trustees created by Code Section 34-9-354 shall be authorized to invest the moneys of the fund in the same manner as provided by law for investments by domestic insurers (Chapter 11 of Title 33). The board of trustees shall be authorized to

designate the state treasurer as custodian of the fund for the purpose of investing the fund. In the event the state treasurer is appointed custodian he shall have exclusive control of the investment of the fund; and the trustees shall be absolved of any responsibility for such fund. The custodian shall be authorized to disburse moneys from the fund only upon written order of the administrator.

History

(Code 1933, § 114-901, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 3/SB 296.)

Annotations

JUDICIAL DECISIONS Cited in Assurance Co. of Am. v. Shepherd, 155 Ga. App. 36, 270 S.E.2d 268 (1980). OPINIONS OF THE ATTORNEY GENERAL Processing of penalty fines against insurers and employers by board is not one of the purposes of the Subsequent Injury Trust Fund. 1980 Op. Att’y Gen. No. 80-124. Subsequent Injury Trust Fund is not authorized to provide funding for personnel position at board to carry

out specific functions of that agency. 1980 Op. Att’y Gen. No. 80-124. Exemption of fund from payment into general fund. - The Subsequent Injury Trust Fund is not subject to the requirement that monies be paid into the general fund of the state treasury. 1993 Op. Att’y Gen. No. 93-28.

RESEARCH REFERENCES ALR. - Workmen’s compensation: compensation as affected by external infection from, or subsequent incident of, original injury, 7 ALR 1186; 102 ALR 790.

Workmen’s compensation: construction and effect of provisions in relation to new or new and further disability, 72 ALR 1125.

Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: Muscogee Iron Works v. Ward, 455 S.E.2d 363 (Ga. Ct. App. 1995).
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Muscogee Iron Works v. Ward, 455 S.E.2d 363 (Ga. Ct. App. 1995). · cites it 2× “OCGA § 34-9-352. An employer who hires a handicapped worker, and later is required to pay compensation to such a worker is entitled to reimbursement from the Fund for a certain portion of its expenditures.”
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.