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2018 Georgia Code 47-2-24 | Car Wreck Lawyer

TITLE 47 RETIREMENT AND PENSIONS

Section 2. Employees' Retirement System of Georgia, 47-2-1 through 47-2-360.

ARTICLE 2 CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM

47-2-24. Designation of medical board; duties.

The board of trustees shall designate a medical board of three physicians who are not eligible to participate in the retirement system. If required, other physicians may be employed to report on special cases. The medical board shall arrange for and pass upon all medical examinations required under this chapter and shall report in writing to the board of trustees its conclusions and recommendations upon all the matters referred to it.

(Ga. L. 1949, p. 138, § 6.)

JUDICIAL DECISIONS

Medical board may examine employee in "special cases."

- Legislature empowers the medical board to arrange for the personal medical examination of an employee in "special cases." Cantrell v. State, 129 Ga. App. 465, 200 S.E.2d 163 (1973), aff'd, 231 Ga. 704, 203 S.E.2d 493 (1974), overruled in part on other grounds, Cantrell v. Board of Trustees of Employees' Retirement Sys., 135 Ga. App. 445, 218 S.E.2d 97 (1975).

"Special cases" includes when employee contests finding of medical board which limited the board's consideration to the data submitted by the employer. Cantrell v. State, 129 Ga. App. 465, 200 S.E.2d 163 (1973), aff'd, 231 Ga. 704, 203 S.E.2d 493 (1974), overruled in part on other grounds, Cantrell v. Board of Trustees of Employees' Retirement Sys., 135 Ga. App. 445, 218 S.E.2d 97 (1975).

OPINIONS OF THE ATTORNEY GENERAL

Refusing copies of reports to applicant for benefits.

- If the medical board of the Employees Retirement System determines that the examining physician has met the criteria of O.C.G.A. § 31-33-2(c) in recommending nondisclosure of medical records, prepared in the evaluation of a claim for disability retirement benefits, it is appropriate to refuse copies of those reports to the applicant who was examined. 1992 Op. Att'y Gen. No. 92-19.

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