O.C.G.A.
O.C.G.A.

O.C.G.A. § 34-9-367 (2019)

Liability of fund for interest or attorney's fees

✓ 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 Subsequent Injury Trust Fund shall not be liable for any interest on sums due claiming parties nor shall it be liable for attorney's fees due attorneys of the claiming parties except where it is proven by a preponderance of evidence that the Subsequent Injury Trust Fund has failed or refused to accept a valid claim for reimbursement as provided for under this chapter in whole or in part without reasonable grounds; in such a circumstance, the party seeking reimbursement may be entitled to attorney's fees as provided under subsection (b) of Code Section 34-9-108.

History

(Code 1933, § 114-915, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1982, p. 3, § 34; Ga. L. 1996, p. 1291, § 15.)

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1988, "attorney's" was substituted for "attorneys'".

Law reviews. - For annual survey of law of worker's compensation, see 56 Mercer L. Rev. 479 (2004).

For review of 1996 workers' compensation legislation, see 13 Ga. St. U.L. Rev. 233 (1996).

JUDICIAL DECISIONS

Liability for attorney's fees. - Attorney's fees of an employer or insurer are not recoverable from the fund. Georgia Subsequent Injury Trust Fund v. Muscogee Iron Works, 265 Ga. 790, 462 S.E.2d 367 (1995) (decided prior to 1996 amendment).

RESEARCH REFERENCES

ALR. - Workers' compensation: availability, rate, or method of calculation of interest on attorney's fees or penalties, 79 A.L.R.5th 201.

Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: Muscogee Iron Works v. Ward, 455 S.E.2d 363 (Ga. Ct. App. 1995).
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Muscogee Iron Works v. Ward, 455 S.E.2d 363 (Ga. Ct. App. 1995). · cites it 18× “We granted a discretionary appeal in this workers’ compensation case to address an issue of first impression regarding the construction of OCGA § 34-9-367. The superior court affirmed the State Board of Workers’ Compensation’s award of reimbursement from the Subsequent Injury…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.