O.C.G.A.
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. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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).