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O.C.G.A. § 34-9-366 — Binding of fund to questions determined in proceedings to which it was not a party | Georgia Code
O.C.G.A. § 34-9-366 (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

34-9-366. 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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This Georgia Code resource is curated by a Florida and Georgia attorney, 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.