TITLE 49 SOCIAL SERVICES

Section 9. Transfer of Division of Rehabilitation Services to Department of Labor, 49-9-1 through 49-9-53.

ARTICLE 1 GENERAL PROVISIONS

49-9-16. Lien upon causes of actions; procedure for perfecting lien; notice; fee; releases and covenants not to sue.

Where a person with disabilities who receives vocational rehabilitation services is entitled to recover damages for said injuries, the Georgia Vocational Rehabilitation Agency shall have a lien, in an amount not to exceed the cost of rehabilitation services rendered, upon any and all causes of action accruing to the individual to whom such services were furnished, or to the legal representative of such individual, on account of injuries giving rise to such cause of action and which necessitated such rehabilitation services, subject, however, to any attorney's lien. In order to perfect such lien, the Georgia Vocational Rehabilitation Agency shall file in the office of the clerk of the superior court of the county wherein the individual resides a verified statement setting forth the name and address of such individual; the name and address of the Georgia Vocational Rehabilitation Agency; the amount claimed to be due for such vocational rehabilitation services; and, to the best of claimant's knowledge, the names and addresses of all persons, firms, or corporations claimed by such injured individual, or the legal representative of such individual, to be liable for damages arising from such injuries. The Georgia Vocational Rehabilitation Agency shall also, within one day after the filing of such claim or lien, mail a copy thereof to any person, firm, or corporation so claimed to be liable for such damages to the addresses as given in such statement. The filing of such claim or lien shall be notice thereof to all persons, firms, or corporations liable for such damages, whether or not they are named in such claim or lien. The clerk of the court shall endorse thereon the date and hour of filing in the hospital lien book, along with the name of the claimant, the injured person, the amount claimed, and the names and addresses of those claimed to be liable for damages. Such information shall be recorded in the name of the injured individual. The clerk shall be paid $1.00 as his or her fee for such filing. No release for such cause or causes of action or any judgment thereon, or any covenant not to sue thereon, shall be valid or effectual as against such lien unless the holder thereof shall join therein or execute a release of such lien; and the claimant of such lien may enforce the lien by an action against the person, firm, or corporation liable for such damages.

(Code 1981, §34-15-15, enacted by Ga. L. 2000, p. 1137, § 1; Code 1981, §49-9-16, as redesignated by Ga. L. 2012, p. 303, § 1/HB 1146.)

The 2012 amendment, effective July 1, 2012, redesignated former Code Section 34-15-15 as present Code Section 49-9-16; substituted "Georgia Vocational Rehabilitation Agency" for "Division of Rehabilitation Services" throughout this Code section; deleted a comma following "individual resides" near the middle of the second sentence; and inserted "or her" in the next to the last sentence.