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2018 Georgia Code 34-9-61 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 34-9-61 Case Law from Google Scholar Amendments to OCGA 34-9-61

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

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

ARTICLE 2 ADMINISTRATION

34-9-61. Publication of blank forms and literature; publication of tabulations of accident reports.

  1. The board shall prepare and cause to be printed and, upon request, shall furnish free of charge to any employee or employer such blank forms and literature as it shall deem necessary to facilitate or promote the efficient administration of this chapter.
  2. The board shall tabulate the accident reports received from employers in accordance with Code Section 34-9-12 and shall publish in print or electronically the same in its annual report and as often as it may deem advisable, in such detailed or aggregate form as it may deem best. The name of the employer or employee shall not appear in such publications, and the employers' reports themselves shall be private records of the board and shall not be open for public inspection except for the inspection of the parties directly involved, and then only to the extent of such interest. These reports shall not be used as evidence against any employer in any action at law brought by any employee for the recovery of damages or in any proceeding under this chapter.

(Ga. L. 1920, p. 167, § 54; Code 1933, § 114-704; Ga. L. 1982, p. 3, § 34; Ga. L. 2010, p. 838, § 10/SB 388.)

JUDICIAL DECISIONS

Judicial notice of portion of report proper.

- Administrative law judge's taking "judicial notice" of subsection C, of WC-1 form, the date of filing of employees' notice to controvert, did not violate O.C.G.A. § 34-9-61(b). Hardee's v. Bailey, 180 Ga. App. 332, 349 S.E.2d 211 (1986).

Exclusion of report proper.

- Trial court did not abuse its discretion in excluding the "First Report" accident report filed with the state board, since use of the report by the plaintiff as evidence against the defendant was barred by the Workers' Compensation Act, O.C.G.A. § 34-9-1 et seq. Mays v. Farah U.S.A., Inc., 236 Ga. App. 1, 510 S.E.2d 868 (1999).

Cited in Jones v. American Mut. Liab. Ins. Co., 45 Ga. App. 392, 165 S.E. 167 (1932); Bragan v. Lumbermen's Mut. Cas. Co., 59 Ga. App. 862, 2 S.E.2d 189 (1939); Spengler v. Employers Com. Union Ins. Co., 131 Ga. App. 443, 206 S.E.2d 693 (1974).

RESEARCH REFERENCES

C.J.S.

- 100 C.J.S., Workers' Compensation, §§ 828, 829.

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