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O.C.G.A. § 34-9-364 — Apportionment or denial of reimbursement for expenses paid by employer or insurer | Georgia Code
O.C.G.A. § 34-9-364 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

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

ARTICLE 9 SUBSEQUENT INJURY TRUST FUND

34-9-364. Apportionment or denial of reimbursement for expenses paid by employer or insurer.

The administrator of the fund may apportion or deny the employer or insurer reimbursement from the fund for medical expense provided by Code Section 34-9-360 where there are clear and unequivocal facts to establish that the subsequent injury to the permanently impaired employee was not caused by or in any way related to the employee's preexisting disability. The apportionment by the administrator shall be subject to the approval of the State Board of Workers' Compensation.

(Code 1933, § 114-913, enacted by Ga. L. 1977, p. 608, § 1.)

JUDICIAL DECISIONS

Administrative law judge was correct in declining to apply O.C.G.A. § 34-9-364, which would have required apportionment of medical expenses resulting from the merger of the preexisting and subsequent injuries when there were clear and unequivocal facts to establish that the subsequent injury to the permanently impaired employee was not caused by or in any way related to the employee's preexisting disability. Subsequent Injury Trust Fund v. Knight Ridder Newspapers-Macon Tel. & News, 203 Ga. App. 458, 416 S.E.2d 887 (1992), cert. denied, 506 U.S. 1084, 113 S. Ct. 1061, 122 L. Ed. 2d 366 (1993).

Cited in Subsequent Injury Trust Fund v. Knight-Ridder Newspapers-Macon Tel. & News, 207 Ga. App. 368, 427 S.E.2d 844 (1993).

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 34 in the context of Georgia workers' compensation and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.