O.C.G.A. § 34-9-364 (2019)
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.
History
(Code 1933, § 114-913, enacted by Ga. L. 1977, p. 608, § 1.)
Annotations
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).