O.C.G.A.

O.C.G.A. § 34-9-61 (2019)

Publication of blank forms and literature; publication of tabulations of accident reports

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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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(a) 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. (b) 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.

History

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

Annotations

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.

Notes of Decisions

Cited in 2 cases, 1986–1999 · leading case: Hardee's v. Bailey, 349 S.E.2d 211 (Ga. Ct. App. 1986).

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Hardee's v. Bailey, 349 S.E.2d 211 (Ga. Ct. App. 1986). · cites it 4× “In support of this enumeration, appellants cite OCGA § 34-9-61 (b) which provides in pertinent part that accident reports filed with the board “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…”

Mays v. Farah U.S.A., Inc., 510 S.E.2d 868 (Ga. Ct. App. 1999). · cites it 2× “” OCGA § 34-9-61 (b). Use of the report by Mays as evidence against Farah is barred by the Act.”

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.