O.C.G.A.
O.C.G.A. § 34-9-366 (2019)
Binding of fund to questions determined in proceedings to which it was not a party
✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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.
History
(Code 1933, § 114-917, enacted by Ga. L. 1977, p. 608, § 1.)
Annotations
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).