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.

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).

Syfert Injury Law Firm

2018 Georgia Code 34-9-364 | Car Wreck Lawyer

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.

JUDICIAL DECISIONS