O.C.G.A. § 51-14-4 (2019)
Prima-facie evidence of physical impairment a prerequisite of asbestos or silica claims
(a) Prima-facie evidence of physical impairment of the exposed person as defined in paragraph (17) or (18) of Code Section 51-14-3 shall be an essential element of an asbestos claim or silica claim. (b) In order to bring or maintain an asbestos claim or silica claim, the claimant shall submit prima-facie evidence of physical impairment in accordance with the requirements of this chapter.
History
(Code 1981, § 51-14-4, enacted by Ga. L. 2007, p. 4, § 1/SB 182.)
Annotations
JUDICIAL DECISIONS Editor’s note. - 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). Cited in Butler v. Union Carbide Corp., 310 Ga. App. 21, 712 S.E.2d 537 (2011).