The board is empowered and authorized to adopt proper rules of procedure to govern the exercise of its functions and hearings before the board or any of its members or administrative law judges.

(Code 1933, § 114-701.7, enacted by Ga. L. 1975, p. 198, § 6; Ga. L. 1988, p. 1679, § 13.)

JUDICIAL DECISIONS

Board exceeded authority.

- State Board of Workers' Compensation exceeded its rule-making authority, as a matter of law, in creating an unpublished rule of appellate procedure that was inconsistent with O.C.G.A. § 34-9-103(b). MARTA v. Reid, 282 Ga. App. 877, 640 S.E.2d 300 (2006).

Board did not exceed authority.

- State Board of Workers' Compensation did not exceed the board's authority under O.C.G.A. §§ 34-9-59 and34-9-60(a) when the board promulgated Ga. Bd. Workers' Comp. R. 205 as it was not burden-shifting and it did not interfere with the substantive rights of the parties. Mulligan v. Selective HR Solutions, Inc., 289 Ga. 753, 716 S.E.2d 150 (2011).

Power to 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 attorney's lien for attorney's fees was not perfected and the attorney was not entitled to attorney's fees. Monk v. Parker, 331 Ga. App. 736, 771 S.E.2d 424 (2015).

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2018 Georgia Code 34-9-59 | Car Wreck Lawyer

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

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

ARTICLE 2 ADMINISTRATION

34-9-59. Adoption of rules of procedure.

JUDICIAL DECISIONS

Board exceeded authority.

Board did not exceed authority.

Power to enact and interpret rules.

RESEARCH REFERENCES

C.J.S.

Cases Citing Georgia Code 34-9-59 From Courtlistener.com

Mulligan v. SELECTIVE HR SOLUTIONS, INC.