O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
This chapter applies to any claim defined in this chapter as an asbestos claim or as a silica claim.
History
(Code 1981, § 51-14-2, enacted by Ga. L. 2007, p. 4, § 1/SB 182.)
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former O.C.G.A. Ch. 14, T. 51, are included in the annotations for this Code section. Construction. - Superior and state courts did not err in entering nearly identical orders which held that because O.C.G.A. § 51-14-1 et seq. required asbestos plaintiffs to provide proof that exposure to asbestos was a substantial contributing factor in their medical condition, it unconstitutionally affected an employee’s
substantive rights by establishing a new element which did not exist when the original cause of action accrued and, hence, could not be applied retrospectively; moreover, because these requirements and limitations were the heart of the statute, their severance would result in a statute that failed to correspond to the main legislative purpose, or give effect to that purpose. DaimlerChrysler v. Ferrante, 281 Ga. 273, 637 S.E.2d 659 (2006) (decided under former O.C.G.A. Ch. 14, T. 51).
Notes of Decisions
DaimlerChrysler Corp. v. Ferrante, 637 S.E.2d 659 (Ga. 2006).
· cites it 2× “To establish prima facie evidence of physical impairment, a plaintiff must provide proof in certain specified forms and from certain specified sources that exposure to asbestos was a substantial contributing factor to the exposed person's medical condition.”
Johnson v. Georgia Pac. Corp., 645 S.E.2d 583 (Ga. Ct. App. 2007).
· cites it 4× ““Prima-facie evidence” is defined in detail in OCGA § 51-14-2 (15) and (16), which provide, among other things, that the plaintiffs must submit a “detailed narrative medical report and diagnosis” verifying that exposure to asbestos or silica was “a substantial contributing…”
— 51-14-2(15) — 1 case
DaimlerChrysler Corp. v. Ferrante, 637 S.E.2d 659 (Ga. 2006).
“To establish prima facie evidence of physical impairment, a plaintiff must provide proof in certain specified forms and from certain specified sources that exposure to asbestos was a substantial contributing factor to the exposed person's medical condition.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.