O.C.G.A. § 34-9-9 (2019)
Relief from penalty for failure or neglect to perform statutory duty
Nothing in this chapter shall be construed to relieve any employer or employee from any penalty for failure or neglect to perform any statutory duty.
History
(Ga. L. 1920, p. 167, § 13; Code 1933, § 114-104.)
Annotations
JUDICIAL DECISIONS Applicability. - Former Code 1933, § 114-104 (see now O.C.G.A. § 34-9-9) applied solely to penalties and did not limit or qualify former Code 1933, § 114-103 (see now O.C.G.A. § 34-9-11) so as to provide any greater remedy to the employee. Reid v. Lummus Cotton Gin
Co., 58 Ga. App. 184, 197 S.E. 904 (1938); Southern Wire & Iron, Inc. v. Fowler, 217 Ga. 727, 124 S.E.2d 738 (1962). Cited in Hayes v. Consolidated Freightways, 131 Ga. App. 77, 205 S.E.2d 40 (1974).
RESEARCH REFERENCES Am. Jur. 2d. - 82 Am. Jur. 2d, Workers’ Compensation, §§ 504, 583, 624, 629, 632. C.J.S. - 100 C.J.S., Workers’ Compensation, § 701 et seq. ALR. - State Workmen’s Compensation Act as precluding action based on noncompliance with Federal Safety Appliance Act to recover for death or injury to railroad employee while engaged in intrastate commerce, 98 ALR 511; 104 ALR 839.
What conduct is willful, intentional, or deliberate within Workmen’s Compensation Act provision authorizing tort action for such conduct, 96 ALR3d 1064. Validity, construction, and application of provisions of workers’ compensation act for additional compensation because of failure to comply with specific requirement of statute or regulation by public for protection of workers, 31 ALR6th 199.