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2018 Georgia Code 35-2-9 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 35-2-9 Case Law from Google Scholar Amendments to OCGA 35-2-9

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Section 2. Department of Public Safety, 35-2-1 through 35-2-164.

ARTICLE 1 GENERAL PROVISIONS

35-2-9. Payment of medical and other similar expenses of members of Georgia State Patrol injured in line of duty; procedure.

The department is authorized to pay all medical, surgical, hospital, nursing, and other similar expenses incurred by any member of the Georgia State Patrol as a result of injuries received in the line of duty. The department is authorized to make such payments in addition to any award made by the State Board of Workers' Compensation based on such injuries. Such payments shall only be made upon proper presentation of bills to the comptroller of the department. The comptroller and the injured party shall together ascertain the correctness of all bills presented. No payments shall be made without the approval of the commissioner.

(Ga. L. 1953, Nov.-Dec. Sess., p. 392, § 1.)

Cross references.

- Workers' compensation generally, T. 34, C. 9.

State employees' health insurance, § 45-18-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Department's authorized payments in addition to workers' compensation award.

- Department is authorized to pay all medical, surgical, hospital, nursing, and other similar expenses incurred by any member of the Georgia State Patrol as a result of injury received in the line of duty; such payments may be made in addition to any award made by the Board of Workers' Compensation based on the injury. 1974 Op. Att'y Gen. No. 74-82.

Payment allowed even if no workers' compensation award made.

- Department is authorized to pay all hospital and surgical bills of the members of the state patrol under certain conditions, even if no award has been made by workers' compensation. 1960-61 Op. Att'y Gen. p. 423.

Department may pay expenses resulting from original injury, but not improper treatment.

- Department may properly pay additional medical expenses incurred by a member of the Georgia State Patrol provided that the department is satisfied from evidence before it, or to be required by it, that the expenses are a result of the original injuries and not as a result of improper treatment of the injuries, or other events that transpired subsequent thereto. 1957 Op. Att'y Gen. p. 218.

Upon payment, department becomes subrogated to employee's rights.

- Department has authority to pay medical expenses incurred by employees when engaged in the line of duty and, upon payment, the department becomes subrogated to the rights of the employee. 1960-61 Op. Att'y Gen. p. 425.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 287.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 279 et seq.

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