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2018 Georgia Code 34-9-363 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 34-9-363 Case Law from Google Scholar Amendments to OCGA 34-9-363

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

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

ARTICLE 9 SUBSEQUENT INJURY TRUST FUND

34-9-363. Agreements for reimbursement from fund; hearing by State Board of Workers' Compensation in absence of agreement; compromise settlements.

  1. When any employer or insurer and the administrator reach an agreement with respect to reimbursement under this article, it shall be reduced to writing and submitted to the State Board of Workers' Compensation for approval. The board shall consider such an agreement upon receipt thereof and, if it finds it to meet the provisions of this article, shall approve the agreement and issue its order directing the agreed reimbursement.
  2. If the employer or the insurer fails to reach an agreement with the administrator in regard to reimbursement under this article, either party may make application to the State Board of Workers' Compensation for a hearing in regard to the matters at issue. Such matters shall then be determined in the manner provided for other workers' compensation proceedings and appeals.
  3. Failure of an employer or insurer to file for a hearing with the State Board of Workers' Compensation within 90 days after the receipt of a formal denial from the Subsequent Injury Trust Fund shall constitute a bar to recovery from the fund.
  4. The administrator, under the policy or rules and regulations of the board of trustees, shall have the authority to enter into compromise settlements.

(Code 1933, § 114-907, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1985, p. 1426, § 6.)

JUDICIAL DECISIONS

Fund not liable for attorneys' fees.

- Language of O.C.G.A. § 34-9-363(b) does not serve to incorporate the terms of O.C.G.A. § 34-9-108(b)(1) so as to authorize an award of attorneys' fees in a proceeding against the fund; reversing Muscogee Iron Works v. Ward, 216 Ga. App. 636, 455 S.E.2d 363 (1995). Georgia Subsequent Injury Trust Fund v. Muscogee Iron Works, 265 Ga. 790, 462 S.E.2d 367 (1995).

Cases Citing Georgia Code 34-9-363 From Courtlistener.com

Total Results: 2

Altermatts Painting v. Subsequent Injury Trust Fund

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: judge found that the employer violated OCGA § 34-9-363.1 by failing to obtain trust fund approval prior

Georgia Subsequent Injury Trust Fund v. Muscogee Iron Works

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: any provision of OCGA § 34-9-350 et seq. OCGA § 34-9-363(b) merely provides that a disputed claim for reimbursement