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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 O.C.G.A. § 34-9-363

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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

...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. OCGA § 34-9-363(b) merely provides that a disputed claim for reimbursement is to "be determined in the manner provided for other workers' compensation proceedings and appeals." (Emphasis supplied.) One of the established principles of statutory construction is that the ordinary signification shall be applied to all words....
...loyer and insurer in a proceeding for workers' compensation benefits, rather than to the procedure to be followed in such a proceeding. Accordingly, the established principles of statutory construction compel the conclusion that the language of OCGA § 34-9-363(b) 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....
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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

...On the same day, the board approved the reimbursement agreement and a week later approved the settlement agreement. The trust fund later petitioned the board to rescind the reimbursement agreement. The administrative law judge found that the employer violated OCGA § 34-9-363.1 by failing to obtain trust fund approval prior to executing the settlement agreement with the employee and ordered Altermatts to reimburse the trust fund. The board, superior court, and Court of Appeals affirmed. OCGA § 34-9-363.1 (b) provides that an employer must obtain the trust fund’s approval for all settlement agreements with an employee “where a reimbursement agreement between the employer or the insurer and the Subsequent Injury Trust Fund exists prio...
...be confused with the agreement’s existence.6 Decided July 1, 1996. Lowendick, Speed & Donahue, Charles G. Hoey, for appellants. Harrison & Hop, Rita J. Llop, for appellee. This interpretation comports with the legislative intent in enacting OCGA § 34-9-363.1....
...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....