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2018 Georgia Code 34-9-58 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 34-9-58 Case Law from Google Scholar Amendments to OCGA 34-9-58

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

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

ARTICLE 2 ADMINISTRATION

34-9-58. Powers and duties of board as to enforcement of chapter generally.

The State Board of Workers' Compensation shall exercise all powers and perform all the duties relating to the enforcement of this chapter.

(Code 1933, § 114-701.6, enacted by Ga. L. 1975, p. 198, § 6.)

JUDICIAL DECISIONS

Exclusiveness of remedies.

- Tort action by workers against health care providers who billed the workers for medical services in violation of O.C.G.A. § 34-9-205 was properly dismissed since the complaints were grounded upon an alleged violation of the Workers' Compensation Act, O.C.G.A. § 34-9-1 et seq., and therefore redress was through the workers' compensation remedies. Mullis v. NC-CNH, Inc., 218 Ga. App. 332, 461 S.E.2d 237 (1995).

Scope of authority.

- Insurer's argument that there should be an exception to the rule making declaratory judgments unavailable when there was no future act to which such a judgment could be applied had to be rejected; the premise for the exception was that the State Board of Workers' Compensation (board) lacked subject matter jurisdiction to resolve the underlying coverage issue, but, in fact, the board had the authority to resolve ancillary issues such as workers' compensation insurance coverage. Builders Ins. Group, Inc. v. Ker-Wil Enters., 274 Ga. App. 522, 618 S.E.2d 160 (2005).

Board did not have exclusive jurisdiction.

- State Board of Workers' Compensation did not have exclusive jurisdiction over medical care providers' claim against a network administrator as the breach of contract claim did not bear an ancillary relationship to the determination of the employees' statutory workers' compensation rights; rather, the claim alleged a systemic failure within the network. Aetna Workers' Comp Access, LLC v. Coliseum Med. Ctr., 322 Ga. App. 641, 746 S.E.2d 148 (2013).

Enact and interpret rules.

- Because an attorney who represented a workers' compensation claimant for eight years prior to new counsel taking over the case failed to serve a copy of Form WC-108b on claimant's new counsel as required by Ga. Bd. Workers' Comp. R. 108(e), the Appellate Division of the Board of Workers' Compensation did not err in finding that the claimant's lien for attorney's fees was not perfected and the claimant was not entitled to attorney's fees. Monk v. Parker, 331 Ga. App. 736, 771 S.E.2d 424 (2015).

RESEARCH REFERENCES

C.J.S.

- 100 C.J.S., Workers' Compensation, §§ 809 et seq., 815 et seq., 821 et seq.

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