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O.C.G.A. § 34-9-85 — Claim by guardian or trustee of mental incompetent or minor | Georgia Code
O.C.G.A. § 34-9-85 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

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

ARTICLE 3 PROCEDURE

34-9-85. Claim by guardian or trustee of mental incompetent or minor.

If an injured employee is mentally incompetent or is under 18 years of age at the time any right or privilege accrues to him under this chapter, his guardian or trustee may claim and exercise such right or privilege in his behalf.

(Ga. L. 1920, p. 167, § 47; Code 1933, § 114-307.)

Law reviews.

- For annual survey of law of workers' compensation, see 56 Mercer L. Rev. 479 (2004).

JUDICIAL DECISIONS

Representation by attorney.

- Award made under the workers' compensation law (see now O.C.G.A. § 34-9-1 et seq.) involving a claimant under 18 years of age, who was represented by an attorney engaged by the claimant's father as the claimant's natural guardian, the father being present and testifying on the first hearing, before a single director, will not be set aside as improperly made on the ground that no guardian or trustee appeared for the claimant as provided by this section. Webb v. General Accident, Fire & Life Ins. Co., 72 Ga. App. 127, 33 S.E.2d 273 (1945).

Plain intimation of Ga. L. 1920, p. 167 § 47 (see now O.C.G.A. § 34-9-85) is that a guardian or trustee, in the guardian's power to act, is limited to cases when the minor employee has not attained the age of 18 years. Porter v. Liberty Mut. Ins. Co., 46 Ga. App. 86, 166 S.E. 675 (1932).

Cited in Rourke v. U.S. Fid. & Guar. Co., 187 Ga. 636, 1 S.E.2d 728 (1939); Royal Indem. Co. v. Agnew, 66 Ga. App. 377, 18 S.E.2d 57 (1941).

RESEARCH REFERENCES

Am. Jur. 2d.

- 82 Am. Jur. 2d, Workers' Compensation, §§ 506 et seq., 591.

C.J.S.

- 100 C.J.S., Workers' Compensation, § 928 et seq. 101 C.J.S., Workers' Compensation, § 1652 et seq.

ALR.

- Right of parent who consents to or acquiesces in employment of child under statutory age to recover for latter's injury or death while in such employment, 23 A.L.R. 635; 40 A.L.R. 1206.

Applicability and effect of Workmen's Compensation Act in cases of injury to minors, 83 A.L.R. 416; 142 A.L.R. 1018.

Protection of interest or rights of minors in proceedings for, or award of, compensation under provisions of Workmen's Compensation Act, 120 A.L.R. 395.

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This Georgia Code resource is curated by a Florida and Georgia attorney, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 34 in the context of Georgia workers' compensation and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.