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2018 Georgia Code 34-9-366 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 34-9-366 Case Law from Google Scholar Amendments to OCGA 34-9-366

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

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

ARTICLE 9 SUBSEQUENT INJURY TRUST FUND

34-9-366. Binding of fund to questions determined in proceedings to which it was not a party.

The fund shall not be bound as to any question of law or fact by reason of an award or an adjudication to which it was not a party.

(Code 1933, § 114-917, enacted by Ga. L. 1977, p. 608, § 1.)

JUDICIAL DECISIONS

Fund is specifically protected from any res judicata effect of awards to which it was not a party. Subsequent Injury Trust Fund v. Alterman Foods, Inc., 162 Ga. App. 428, 291 S.E.2d 758 (1982).

Award to employee does not have res judicata effect as to claim by employer against Subsequent Injury Trust Fund, since the same parties are not involved in both proceedings. Subsequent Injury Trust Fund v. Alterman Foods, Inc., 162 Ga. App. 428, 291 S.E.2d 758 (1982).

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