O.C.G.A. § 34-9-85 (2019)
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.
History
(Ga. L. 1920, p. 167, § 47; Code 1933, § 114-307.)
Annotations
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’ compen-
sation 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 ALR 635; 40 ALR 1206.
Applicability and effect of Workmen’s Compensation Act in cases of injury to minors, 83 ALR 416; 142 ALR 1018. Protection of interest or rights of minors in proceedings for, or award of, compensation under provisions of Workmen’s Compensation Act, 120 ALR 395.