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2018 Georgia Code 34-9-352 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 34-9-352 Case Law from Google Scholar Amendments to OCGA 34-9-352

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

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

ARTICLE 9 SUBSEQUENT INJURY TRUST FUND

34-9-352. Creation and authority of Subsequent Injury Trust Fund; state treasurer as custodian.

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.

(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.)

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 A.L.R. 1186; 102 A.L.R. 790.

Workmen's compensation: construction and effect of provisions in relation to new or new and further disability, 72 A.L.R. 1125.

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