2018 Georgia Code Annotated

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Chap.

• 1. General Provisions, 34-1-1 through 34-1-10.
• 2. Department of Labor, 34-2-1 through 34-2-14.
• 3. Hours of Labor in Factories, 34-3-1 through 34-3-4.
• 4. Minimum Wage Law, 34-4-1 through 34-4-6.
• 5. Sex Discrimination in Employment, 34-5-1 through 34-5-7.
• 6. Labor Organizations and Labor Relations, 34-6-1 through 34-6-28.
• 6A. Equal Employment, Persons with Disabilities, 34-6A-1 through 34-6A-6.
• 7. Employment Generally; Employer's Liability, 34-7-1 through 34-7-48.
• 8. Employment Security, 34-8-1 through 34-8-280.
• 9. Workers' Compensation, 34-9-1 through 34-9-432.
• 10. Labor Pools, 34-10-1 through 34-10-6.
• 11 through 15. Reserved.
• 14. State Workforce Development Board, 34-14-1 through 34-14-2.
• 15. Reserved [Repealed].

Appendix Cross references. - Tendering of teachers' contracts on annual basis, § 20-2-211.

• Rules and Regulations of the State Board of Workers' Compensation.
• Rules and Regulations of the Subsequent Injury Trust Fund.

Chapter 1. General Provisions, 34-1-1 through 34-1-10.

• 34-1-1. Redesignated.
• 34-1-2. Prohibition of age discrimination in employment.
• 34-1-3. Discrimination against employee for attending a judicial proceeding in response to a court order or process; exception to applicability of Code section.
• 34-1-4. Employer immunity for disclosure of information regarding job performance.
• 34-1-5. "Multiracial" classification required on forms.
• 34-1-6. Employer obligation to provide time for women to express breast milk for infant child.
• 34-1-7. Definitions; application for temporary restraining order and injunction; requirements; hearing; notice and service; notification of law enforcement agencies.
• 34-1-8. Veterans' preference employment policy; use not a violation.
• 34-1-9. Franchisee nor franchisee's employee shall be deemed to be employee of franchisor; applicability.
• 34-1-10. Use of sick leave for care of immediate family members.

Chapter 2. Department of Labor, 34-2-1 through 34-2-14.

• 34-2-1. Creation of Department of Labor.
• 34-2-2. Definitions.
• 34-2-3. Election, term of office, compensation, removal, and duties of Commissioner of Labor.
• 34-2-4. Establishment by Commissioner of divisions within Department of Labor; appointment, fixing of salaries and duties, and removal of employees.
• 34-2-5. Office of Department of Labor to be maintained by Commissioner; payment of office expenses; lease or rental of unused office space.
• 34-2-6. Specific powers and duties of Commissioner.
• 34-2-7. Promulgation, review, amendment, and repeal of rules and regulations by Commissioner generally.
• 34-2-8. Variations from rules of Commissioner; keeping of index of variations.
• 34-2-9. Preparation by Commissioner of annual report and recommendations.
• 34-2-10. Employer's duty with respect to provision of safe employment generally.
• 34-2-11. Employer's duty to keep records.
• 34-2-12. Duty of Attorney General and district attorneys to prosecute violations of those laws enforced by Commissioner.
• 34-2-13. Penalties for violations of chapter and for false statements under oath.
• 34-2-14. Authorization to establish and administer pretrial intervention programs.

Chapter 3. Hours of Labor in Factories, 34-3-1 through 34-3-4.

• 34-3-1. Hours of labor in cotton or woolen manufacturing establishments.
• 34-3-2. Effect of contracts requiring more than 40 hours of work per week.
• 34-3-3. Actions for violations of chapter; disposition of amount recovered.
• 34-3-4. Penalties for violations of chapter.

Chapter 4. Minimum Wage Law, 34-4-1 through 34-4-6.

• 34-4-1. Short title.
• 34-4-2. Administration and enforcement of chapter by Commissioner of Labor.
• 34-4-3. Amount of minimum wage to be paid by employers; employers and employees covered by chapter.
• 34-4-3.1. Wages and employment benefits by local government entities.
• 34-4-4. Authority of Commissioner to grant exemptions from operation of chapter.
• 34-4-5. Employer's records of hours worked by and wages paid to employees.
• 34-4-6. Action to recover difference where employee paid less than minimum wage.

Chapter 5. Sex Discrimination in Employment, 34-5-1 through 34-5-7.

• 34-5-1. Declaration of public policy regarding discriminatory wage practices based on sex.
• 34-5-2. Definitions.
• 34-5-3. Prohibition of discriminatory wage differentials; penalty for discharge of or discrimination against complainant.
• 34-5-4. Powers and authority of Commissioner under chapter.
• 34-5-5. Collection of unpaid wages by aggrieved employee; attorney's fee; when action may be commenced.
• 34-5-6. Arbitration of disputes between employers and employees; appointment of arbitrators.
• 34-5-7. Posting of law by employers.

Chapter 6. Labor Organizations and Labor Relations, 34-6-1 through 34-6-28.

Article 1 General Provisions.

• 34-6-1. Requirement of notice by labor organization before strike; penalty.
• 34-6-2. Use of force or threats to compel continuance in or departure from employment.
• 34-6-3. Unlawful assemblages near site of labor dispute.
• 34-6-4. Interference with lawful exercise of business activity.
• 34-6-5. Interference with public ways of travel, transportation, or conveyance by mass picketing near site of labor dispute.
• 34-6-6. Use of force or threats to compel or prevent labor organization membership or to compel or prevent strike participation.
• 34-6-7. Penalty for unlawful picketing and for unlawful interference with employment or business activity.
• 34-6-8. Payment of charges by carriers or shippers for movement of motor vehicles to or by rail facilities; receipt by labor organizations of such payments; penalties.

Article 2 Membership in Labor Organizations.

• 34-6-20. Definitions.
• 34-6-20.1. Statement of rights under federal law.
• 34-6-21. Membership in or resignation from labor organization as condition of employment or continuation of employment; application of federal law.
• 34-6-22. Payment to labor organization of fee or assessment as condition of employment.
• 34-6-23. Contracts contrary to public policy.
• 34-6-24. Contracts requiring membership in or payments to labor organizations as condition of employment.
• 34-6-25. Deductions from employees' earnings of fees of labor organizations; exceptions.
• 34-6-26. Contracts allowing deductions from employees' earnings of fees of labor organizations.
• 34-6-27. Injunctive relief where contracts made unlawful by article; application for injunction; assessment of court costs.
• 34-6-28. Penalty for violations of Code Sections 34-6-24 through 34-6-26.

• 34-6A-1. Short title.
• 34-6A-2. Definitions.
• 34-6A-3. Inquiries by employer as to existence of disability; employment decisions based on disability.
• 34-6A-4. Prohibited discriminatory activities.
• 34-6A-5. Retaliation by employers against employees; labor organization members.
• 34-6A-6. Actions against persons engaged in unfair employment practices; remedies, court costs, and attorneys' fees.

Chapter 7. Employment Generally; Employer's Liability, 34-7-1 through 34-7-48.

Article 1 General Provisions.

Part 1 WAGES GENERALLY.

• 34-7-1. Determination of term of employment; manner of termination of indefinite hiring.
• 34-7-2. Payment of wages by lawful money, checks, or credit transfer; selection of payment dates by employer.
• 34-7-3. Requirements where wages paid by written instrument; effect of protest or dishonor.
• 34-7-4. Payment of outstanding wages to beneficiary; payment as release from claims to funds or claims against employer.
• 34-7-5. Redemption of checks or other written evidences of indebtedness for wages.

Part 2 PROFESSIONAL EMPLOYER ORGANIZATIONS.

• 34-7-6. Professional employer organizations; rights, powers, and responsibilities.

Article 2 Employer's Liability for Injuries Generally.

• 34-7-20. Care by employer in selection of employees and in furnishing of safe machinery; employer's duty to warn.
• 34-7-21. Liability of employer for coemployees' negligence.
• 34-7-22. Contracts exempting employer from liability are null and void.
• 34-7-23. Assumption of risk by employees; requirements for recovery of damages.

Article 3 Employer's Liability for Injuries to Railroad Employees.

• 34-7-40. "Common carrier" defined.
• 34-7-41. Liability of common carrier by railroad for personal injury or death of employee generally.
• 34-7-42. Contributory negligence of employee.
• 34-7-43. Assumption of risk where employer is contributorily negligent.
• 34-7-44. Employer exemptions from liability void; allowable setoffs.
• 34-7-45. Liability of receivers, trustees, and assignees of railroad companies for coemployees' negligence; lien on railroad company income.
• 34-7-46. Limitation period for institution of action.
• 34-7-47. Liability of railroad company to its employees for negligence of employees of another railroad company using same track.
• 34-7-48. Recovery by employee working beyond limited hours of service.

Chapter 8. Employment Security, 34-8-1 through 34-8-280.

Article 1 General Provisions.

• 34-8-1. Short title.
• 34-8-2. Declaration of public policy.
• 34-8-3. Right of General Assembly to amend or repeal chapter; effect.
• 34-8-4. Representation by Attorney General.

Article 2 Definitions.

• 34-8-20. Annual payroll; average annual payroll.
• 34-8-21. Base period; alternative base period.
• 34-8-22. Benefits.
• 34-8-23. Benefit year.
• 34-8-24. Bona fide in the labor market.
• 34-8-25. Calendar quarter.
• 34-8-26. Commissioner.
• 34-8-27. Common paymaster.
• 34-8-28. Computation date.
• 34-8-29. Contributions; payments in lieu of contributions.
• 34-8-30. Deductible earnings.
• 34-8-31. Department.
• 34-8-32. Employee leasing company.
• 34-8-33. Employer.
• 34-8-34. Employing unit.
• 34-8-35. Employment.
• 34-8-36. Employment office.
• 34-8-37. Employment Security Administration Fund.
• 34-8-38. Experience rating account.
• 34-8-39. Extended benefits.
• 34-8-40. Fund.
• 34-8-41. Insured work.
• 34-8-42. Liable employer.
• 34-8-43. Most recent employer.
• 34-8-44. State.
• 34-8-45. Supplemental unemployment benefits.
• 34-8-46. Temporary help contracting firm.
• 34-8-47. Unemployed; unemployment.
• 34-8-48. Valid claim.
• 34-8-49. Wages.
• 34-8-50. Week.
• 34-8-51. Weekly benefit amount.

Article 3 Administration.

• 34-8-70. Duties and powers of Commissioner.
• 34-8-71. Distribution of text of chapter and other materials.
• 34-8-72. Appointment of state and local or industry advisory councils.
• 34-8-73. Department to administer chapter and programs; authority to create, and delegate powers and duties to, Employment Security Agency.
• 34-8-74. Appointment, compensation, powers, and duties of personnel administering chapter.
• 34-8-75. Experience rating committee.
• 34-8-76. Duties of Commissioner to reduce and prevent unemployment.
• 34-8-77. Creation and financing of State Employment Service; cooperation with federal agencies; authority to establish and maintain free public employment offices.
• 34-8-78. Board of review; appointment, term of office, compensation, and removal of members.
• 34-8-79. State and federal cooperation in administration of chapter.
• 34-8-80. Payment of compensation under two or more state unemployment compensation laws.
• 34-8-81. Creation of Employment Security Administration Fund; sources of money for fund; management and control of moneys.
• 34-8-82. State reimbursement of Employment Security Administration Fund for moneys lost, wrongfully expended, or overexpended.
• 34-8-83. Establishment, composition, and administration of Unemployment Compensation Fund.
• 34-8-84. Commissioner as custodian of fund; establishment of accounts within fund; deposits of money in accounts.
• 34-8-85. Withdrawals from Unemployment Trust Fund for expenditures under chapter.
• 34-8-86. Management of funds upon discontinuance of Unemployment Trust Fund.
• 34-8-87. Borrowing funds from United States Treasury upon depletion of Unemployment Compensation Fund.
• 34-8-88. Necessary powers in discharge of duties.
• 34-8-89. Application for order requiring persons to obey subpoena issued by Commissioner.
• 34-8-90. Authority to lease property [Repealed].
• 34-8-91. Benefits limited to extent funds are available.
• 34-8-92. Disposition of fines, penalties, and interest collected; amounts collected pursuant to Code Section 34-8-255 to be returned to Unemployment Compensation Fund.
• 34-8-93. Construction of chapter; severability.

Article 4 Disclosure of Records.

• 34-8-120. Legislative intent.
• 34-8-121. Information or records shall be private and confidential; release authorized; maintenance of records; disclosure of private and confidential information; destruction of outdated records.
• 34-8-122. Communications between employer and employee, or between employer or employee and department, privileged.
• 34-8-123. Commissioner's authority to adopt, amend, or rescind rules and regulations.
• 34-8-124. Access to records and information by individuals and employing units; fee for copies.
• 34-8-125. Access to information or records by governmental agencies; penalty for violation.
• 34-8-126. Information or records available to parties to judicial or formal administrative proceedings.
• 34-8-127. Disclosure of information or records when necessary to permit private parties to assist in operation of department; penalty for violations; enforcement by Attorney General.
• 34-8-128. Disclosure of information to contracting governmental or private organizations.
• 34-8-129. Disclosure of information or records when identifying information deleted.
• 34-8-130. Prevention of fraud and abuse of the Unemployment Trust Fund.

Article 5 Contributions and Payments in Lieu of Contributions.

• 34-8-150. Payment of contributions by employers; deferral of de minimis amounts.
• 34-8-151. Rate of employer contributions.
• 34-8-152. Standard rate.
• 34-8-153. Liability of succeeding employer; computation of rate of contributions; transfers between employers with substantially common ownership, management, or control; transfers made for the purpose of obtaining a lower rate of contribution; penalties for violations.
• 34-8-154. Separate accounts.
• 34-8-155. Benefit experience; variations from standard rate.
• 34-8-156. State-wide Reserve Ratio; reduction in tax rate.
• 34-8-157. Regular benefits paid to be charged against experience rating account.
• 34-8-158. Financing benefits paid employees of governmental entities and nonprofit organizations.
• 34-8-159. Specific provisions for payments in lieu of contributions.
• 34-8-160. Surety bond required.
• 34-8-161. Group accounts.
• 34-8-162. Establishment, administration, and contents of cash deposit escrow fund; deposit in and withdrawals from fund.
• 34-8-163. Terminating liability to fund.
• 34-8-164. Applications for adjustment or refund.
• 34-8-165. Tax and wage reports; penalty for failure to file; fraudulent reports.
• 34-8-166. Interest on delinquent contribution payments; waiver; reports.
• 34-8-167. Collection of delinquent contribution payments generally.
• 34-8-168. Authorized collection procedures; application of moneys obtained; procedure to contest execution; Attorney General to represent Commissioner; Commissioner's rights, authority, and prerogatives.
• 34-8-169. Commissioner's authority to contract with outside entities to provide debt collection services.
• 34-8-170. Commissioner authorized to estimate contributions due; notice of assessment; jeopardy assessment.
• 34-8-171. Injunction against employing individuals if reports or payments due.
• 34-8-172. Surety bond required of employee leasing company.
• 34-8-173. Release or subordination of property subject to lien; authority to settle and compromise payment of contributions; annual reports.
• 34-8-174. Payment of contributions in event of legal dissolution or distribution.
• 34-8-175. Payment of contributions when employing unit sells or transfers business or stock of goods.
• 34-8-176. Applicability of collection, penalty, and sanction provisions to public employers.
• 34-8-177. Procedure for collecting delinquent contribution payments from public employers.
• 34-8-178. Voluntary contributions by employers.

Article 6 Administrative Assessments.

• 34-8-180. (Repealed effective January 1, 2023) Creation of administrative assessment upon all wages; assessments due quarterly.
• 34-8-181. (Repealed effective January 1, 2023) Additional assessment for new or newly covered employer.
• 34-8-182. (Repealed effective January 1, 2023) Authority to collect administrative assessment and deposit funds in clearing account; appropriation of funds.
• 34-8-183. (Repealed effective January 1, 2023) Authority to promulgate rules and regulations.
• 34-8-184. (Repealed effective January 1, 2023) Article administered in accordance with corresponding provisions of chapter; Commissioner's authority.
• 34-8-185. (Repealed effective January 1, 2023) Repealer.

Article 7 Benefits.

• 34-8-190. Requirements governing claims for benefits.
• 34-8-191. Benefits to be paid pursuant to rules and regulations.
• 34-8-192. Initial determination and redetermination of eligibility for, amount of, and duration of benefits.
• 34-8-193. Determination of weekly benefit amount.
• 34-8-194. Grounds for disqualification of benefits.
• 34-8-195. Determination of eligibility for unemployment benefits generally; eligibility while in training; deductions and withholdings from compensation.
• 34-8-196. Determination of eligibility for benefits of persons performing certain services; eligibility for benefits of aliens performing services.
• 34-8-197. Eligibility requirements for extended benefits.
• 34-8-198. Payment of child support obligation from benefits.
• 34-8-199. Definitions; disclosure; withholding uncollected overissuance.

Article 8 Appeals.

• 34-8-220. Appointment of hearing officers to hear and decide appealed decisions.
• 34-8-221. Review of decision of hearing officer by board of review.
• 34-8-222. Procedure for appeal of claims to board of review; record of proceedings.
• 34-8-223. Procedure for judicial review of final decisions of board of review.
• 34-8-224. Fee for witnesses subpoenaed under article.

Article 9 Prohibited and Void Acts; Overpayments.

• 34-8-250. Prohibited agreements and activities; penalty.
• 34-8-251. Fees for claiming benefits prohibited; attorney's fees; penalty.
• 34-8-252. Assignment, pledge, or encumbrance of right to benefits void; benefits exempt; waiver of exemption void.
• 34-8-253. Obedience to subpoena required; self-incrimination; quashing, modification, or withdrawal of subpoena.
• 34-8-254. Overpayments.
• 34-8-255. Effect of false statements and misrepresentations made to obtain or increase benefits.
• 34-8-256. Penalties for false representation or fraudulent claims.

Article 10 Unemployment Tax Amnesty.

• 34-8-270. Short title.
• 34-8-271. Legislative findings, declarations, and intent.
• 34-8-272. Definitions.
• 34-8-273. Development and administration of program; applicability and time period of program.
• 34-8-274. Application for amnesty; conditions of participation in program; installment payments; penalties or criminal action.
• 34-8-275. Amnesty granted to employers meeting requirements; exceptions.
• 34-8-276. Interest on installment agreements.
• 34-8-277. Administrative regulations, forms, and instructions; publicizing program.
• 34-8-278. Accounting procedures; disposition of collections.
• 34-8-279. Collection fees.
• 34-8-280. Debt collection services.

Chapter 9. Workers' Compensation, 34-9-1 through 34-9-432.

Article 1 General Provisions.

• 34-9-1. Definitions.
• 34-9-2. Applicability of chapter to employers and employees - Generally.
• 34-9-2.1. Exemption of corporate officers; limitation.
• 34-9-2.2. Eligibility of sole proprietor or partner for workers' compensation insurance.
• 34-9-2.3. Election to provide workers' compensation coverage to farm laborers.
• 34-9-2.4. Work based learning students covered under workers' compensation insurance.
• 34-9-3. Applicability of chapter to employers and employees - Public employees generally.
• 34-9-4. Applicability of chapter to employers and employees - Employees of planning commissions.
• 34-9-5. Applicability of chapter to employers and employees - Pilots under contract to State Forestry Commission.
• 34-9-6. Retroactive inclusion of state and departments in definition of "employer"; resumption of payments of awards previously discontinued.
• 34-9-7. Presumption of applicability of chapter to contracts between employers and employees covered by chapter.
• 34-9-8. Liability of principal contractor or subcontractor for employee injuries.
• 34-9-9. Relief from penalty for failure or neglect to perform statutory duty.
• 34-9-10. Relief of employer from obligations under chapter.
• 34-9-11. Exclusivity of rights and remedies granted to employee under chapter; immunity granted to construction design professionals.
• 34-9-11.1. Employee's or survivor's right of action against person other than employer; subrogation lien of employer; rights of employer or insurer upon failure of employee to bring action; attorney fees; retroactive application.
• 34-9-12. Employer's record of injuries; availability of board records; supplementary report on termination of disability; penalties; routine reports.
• 34-9-13. Definitions; persons presumed next of kin; apportionment of payments among partial and total dependents; termination of dependency.
• 34-9-14. Provision of substitute systems of compensation; approval by board; grounds and procedure for termination.
• 34-9-15. Procedure for settlement between parties generally; approval by board; finality of settlement; lump sum settlements.
• 34-9-16. Settlement of questions if approved agreement cannot be reached.
• 34-9-17. Grounds for denial of compensation; burden of proof in establishing grounds for denial.
• 34-9-18. Civil penalties; costs of collection.
• 34-9-19. Penalty for false or misleading statements when obtaining or denying benefits.
• 34-9-20. Giving of false evidence to board member.
• 34-9-21. Penalty for receiving unentitled to benefits.
• 34-9-22. Penalty for receipt of unapproved fees or for solicitation of employment for lawyer or physician.
• 34-9-23. Liberal construction of chapter; purpose.
• 34-9-24. Fraud and compliance unit; creation and duties; limitation on liability; authority; whistle blower protection.
• 34-9-25. Patient self-referral.

Article 1A Workers' Compensation Truth in Advertising Act.

• 34-9-30. Short title; purpose.
• 34-9-31. Notice required as part of television advertisement.
• 34-9-32. Penalty for violation of notice requirement; advertiser defined.

Article 2 Administration.

• 34-9-40. State Board of Workers' Compensation created; appointment of members; powers and duties of board generally.
• 34-9-40.1. Workers' Compensation Advisory Council; appointment and terms of members; chairman; duties; service without compensation [Repealed].
• 34-9-41. Appointment and term of chairman of board.
• 34-9-42. Qualifications and roles of members.
• 34-9-43. Oath of office of members.
• 34-9-44. Bond of members.
• 34-9-45. Removal of members.
• 34-9-46. Quorum.
• 34-9-47. Trial division and appellate division created; composition; sessions.
• 34-9-48. Designation of members as appellate administrative law judges.
• 34-9-48.1. Senior administrative law judge of the board.
• 34-9-49. Appointment and removal of executive director.
• 34-9-50. Appointment of secretary-treasurer; employment of clerical and other assistants; payment of salaries and expenses of members, deputy directors, and assistants [Repealed].
• 34-9-51. Payment by state of traveling expenses of members, administrative law judges, and assistants.
• 34-9-52. Officials, personnel, and employees subject to State Personnel Board; compensation of board members and administrative law judges.
• 34-9-53. Directors emeritus of board - Eligibility for appointment; procedure for appointment.
• 34-9-54. Directors emeritus of board - Term of office; compensation.
• 34-9-55. Directors emeritus of board - Duties.
• 34-9-56. Directors emeritus of board - Filling of board vacancies caused by appointment of director emeritus.
• 34-9-57. Creation of administrative law judge emeritus of board; eligibility for appointment; manner of appointment; compensation.
• 34-9-58. Powers and duties of board as to enforcement of chapter generally.
• 34-9-59. Adoption of rules of procedure.
• 34-9-60. Rule-making and subpoena powers; service and enforcement of subpoenas.
• 34-9-61. Publication of blank forms and literature; publication of tabulations of accident reports.
• 34-9-62. Limitations on authority of Commissioner of Labor with respect to officers or employees of board [Repealed].
• 34-9-63. Proration of board's expenses; required annual reports and statements; audit of board; collection of delinquent assessments.

Article 3 Procedure.

Part 1 CLAIMS AND NOTICE OF ACCIDENT.

• 34-9-80. Procedure for giving notice of accident; requirements of written notice; effect of failure to give notice.
• 34-9-81. Contents of written notice; manner of delivery.
• 34-9-81.1. Board's duty to provide injured workers with notice of rights, benefits, and obligations.
• 34-9-82. Limitation period and procedure for filing claims.
• 34-9-83. Priority of claims.
• 34-9-84. Assignability of claims.
• 34-9-85. Claim by guardian or trustee of mental incompetent or minor.
• 34-9-86. Applicability of time limits to mental incompetents, minors, and persons proceeding against defunct corporations.

Part 2 HEARING AND APPEALS.

• 34-9-100. Filing of claims with board; investigation or mediation; hearing; dismissal of stale claims.
• 34-9-101. Appointment of physician to examine injured employee; payment of fee and expenses of examining physician.
• 34-9-102. Hearing before administrative law judge.
• 34-9-103. Appeal of decision; remand; reconsideration, amendment, or revision of award.
• 34-9-104. Modification of award or order contained in prior decision in event of change in condition.
• 34-9-105. When award deemed final; appeal to superior court; grounds for setting aside decisions; appeal to Court of Appeals.
• 34-9-106. Entry and execution of judgment on settlement agreement, final order or decision, or award; modification and revocation of orders and decrees.
• 34-9-107. Interest payable on final award of board in the event of appeal.
• 34-9-108. Approval of attorney's fees by board; assessment of fees against the offending party; restrictions on attorney advertisement and division of fees; payment of fees or expenses.

Article 4 Insurance of Compensation Liability Generally.

• 34-9-120. Employer's duty to insure payment of compensation.
• 34-9-121. Duty of employer to insure in licensed company or association or to deposit security, indemnity, or bond as self-insurer; application to out-of-state employers; membership in mutual insurance company.
• 34-9-122. Type of insurance policy to be issued; promulgation of rules and regulations when accident prevention and safety engineering are questioned.
• 34-9-122.1. Workers' compensation health benefits pilot projects.
• 34-9-123. Policy provisions regarding effect of notice or knowledge by insured employer as to occurrence of injury.
• 34-9-124. Policy or contract of insurance to contain agreement of insurer to pay compensation; payment of compensation when employer or employee exempt from provisions of chapter.
• 34-9-124.1. Optional deductibles to be offered by insurers.
• 34-9-124.2. Restrictions on requirements requiring recipients of benefits to utilize out-of-state mail order pharmacy services.
• 34-9-125. Insurance policies subject to chapter; approval of policy or contract forms by board; exceptions.
• 34-9-126. Filing by employer of evidence of compliance with insurance requirements; assessment of attorney's fees and increased compensation against employer who fails to file.
• 34-9-127. Issuance by board of certificate of self-insurance; review; revocation.
• 34-9-128. Inspection of place of employment and injury records; penalty for noncompliance.
• 34-9-129. Furnishing of bond by insurance companies doing workers' compensation business in state; bringing of actions upon bond; posting of security in lieu of bond.
• 34-9-130. Authority of Commissioner of Insurance to investigate rates; assistance by board in investigations.
• 34-9-130.1. Policies or contracts of insurance against liability for compensation under this chapter.
• 34-9-131. Insurer permit requirement; claim office within state.
• 34-9-132. Grounds for revocation of insurance carrier's permit.
• 34-9-133. Apportionment and assignment of rejected risks; Workers' Compensation Assigned Risk Insurance Plan; merit rating plan.
• 34-9-134. Appeals from decisions under Code Sections 34-9-122 and 34-9-131 through 34-9-133.
• 34-9-135. Disclosure of costs by insurer.
• 34-9-136. Statistical data submitted by insurance company to rating organization; verification by employer; issuance of experience modification worksheets to insured.
• 34-9-137. Considerations in employer's experience modification factor.
• 34-9-138. Consideration of employer's experience while self-insured.

Article 5 Group Self-insurance Funds.

• 34-9-150. Purpose of article.
• 34-9-151. Definitions.
• 34-9-151.1. Eligibility for establishing a fund.
• 34-9-151.2. Filing of intent to form fund; notice of intent to refuse to issue certificate of authority.
• 34-9-152. Application to Commissioner for certificate of authority to create fund; contents of application; filing fee; membership of fund.
• 34-9-153. Issuance of certificate of authority; grounds for denial or revocation; annual renewal fee.
• 34-9-154. Compliance with workers' compensation obligations by participation in fund.
• 34-9-155. License required for solicitation of membership or participation in fund; procedure for admission of new members; underwriting criteria.
• 34-9-156. Voluntary termination of members; grounds and procedure for involuntary termination of membership; effect of voluntary or involuntary termination on obligations.
• 34-9-157. Boards of trustees - Appointment of members.
• 34-9-158. Boards of trustees - Powers.
• 34-9-159. Annual reports of affairs and operations of funds; additional periodic reports; verification of reports; compliance condition for renewal of certificates.
• 34-9-160. Method of determining financial condition and solvency of a fund and financial capacity of fund to pay obligations.
• 34-9-161. Securities deposit; excess loss funding program.
• 34-9-162. Maintenance of surplus and expendable surplus; waiver of surplus requirements; return of surplus to members of fund.
• 34-9-163. Investment of assets; maintenance of loss reserves.
• 34-9-164. Payment of operating expenses by members of fund; liability of members; payment by funds of expenses of State Board of Workers' Compensation; legal capacity of funds.
• 34-9-165. Requirements as to contracts between funds and administrators not employed by funds.
• 34-9-166. Fiduciary responsibilities of trustees, officers, or administrators of moneys.
• 34-9-167. Bond, liability insurance, and resident office of administrator.
• 34-9-168. Grounds and procedure for restraining transaction of business by fund or administrator; appointment of receivers; criminal prosecution.
• 34-9-169. Revocation and suspension of certificates of authority; probation and fine; voluntary dissolution or termination of functions.
• 34-9-170. Taxes - Imposition; deductions, reductions, abatements, and credits [Repealed].
• 34-9-171. Tax exemption.
• 34-9-172. Examinations by Commissioner to verify solvency of funds.
• 34-9-173. Remedy of deficiencies in surplus or reserve; initiation of insolvency proceedings; assessments upon liquidation.
• 34-9-174. Promulgation of rules and regulations.
• 34-9-175. Hearings or other proceedings for aggrieved parties.
• 34-9-176. Service of process; venue of actions.
• 34-9-177. Funds not to be deemed insurers.
• 34-9-178. Construction of article.
• 34-9-179. Application of Chapter 6 of Title 33 to funds; enforcement by Commissioner.
• 34-9-180. Officials of funds prohibited from having pecuniary interests in transactions; exceptions.
• 34-9-181. Administrative fines, probation, or additional penalties.
• 34-9-182. Deadline for compliance.

Article 6 Payment of Compensation.

Part 1 MEDICAL ATTENTION.

• 34-9-200. Compensation for medical care, artificial members, and other treatment and supplies; effect of employee's refusal of treatment; employer's liability for temporary care.
• 34-9-200.1. Rehabilitation benefits; effect of employee's refusal of treatment; rehabilitation suppliers; catastrophic injury cases.
• 34-9-201. Selection of physician from panel of physicians; change of physician or treatment; liability of employer for failure to maintain panel.
• 34-9-202. Examination of injured employee; request for autopsy; examination by physician designated by employee.
• 34-9-203. Employer's pecuniary liability for medical charges; liability for medical malpractice; payment of reasonable charges; defense for failure to make payments; penalties.
• 34-9-204. Compensation where death or disability caused by nonwork related injury.
• 34-9-205. Board approval of physician's fees, hospital, and other charges; collection of fees; schedule of charges; filing costs for peer review.
• 34-9-206. Reimbursement for costs of medical treatment.
• 34-9-207. Employee's waiver of confidentiality of communications with physician; release for medical records and information; refusal to sign release.
• 34-9-208. Certification of managed health care providers.

Part 2 METHOD OF PAYMENT.

• 34-9-220. Period of incapacity preceding payment of compensation.
• 34-9-221. Procedure; payment controverted by employer; delinquency charge; enforcement.
• 34-9-222. Lump sum payments of all or part of compensation generally.
• 34-9-223. Lump sum payments to trustees.
• 34-9-224. Payment of compensation to employees in service of more than one employer.
• 34-9-225. Effect of written receipt of widow or widower, minor, or guardian upon liability of employer; determination of obligation of employer to rival claimants.
• 34-9-226. Appointment of guardian for minor or incompetent claimant.

Part 3 LIMITATIONS ON PAYMENT.

• 34-9-240. Effect of refusal of suitable employment by injured employee; attempting or refusing to attempt work with restrictions.
• 34-9-241. Effect of subsequent injury on compensation.
• 34-9-242. Compensation for injury outside of state.
• 34-9-243. Effect of payments made when not due; employer credit or reduction for employer funded payments pursuant to disability plan.
• 34-9-244. Reimbursement of provider of disability benefits to person who subsequently files claim.
• 34-9-245. Repayment of overpayment by claimant.

Article 7 Compensation Schedules.

• 34-9-260. Basis and method for computing compensation generally.
• 34-9-261. Compensation for total disability.
• 34-9-262. Compensation for temporary partial disability.
• 34-9-263. Compensation for permanent partial disability.
• 34-9-264. Compensation for loss of hearing caused by harmful noise; procedure for measuring degree of hearing impairment; eligibility for compensation; liability of employer.
• 34-9-265. Compensation for death resulting from injury and other causes; penalty for death from injury proximately caused by intentional act of employer; payment of death benefits where no dependents found.
• 34-9-266. Payment of compensation for time loss, disability, or death resulting from hernia.

Article 8 Compensation for Occupational Disease.

Part 1 GENERAL PROVISIONS.

• 34-9-280. Definitions.
• 34-9-281. Prerequisites to compensation for occupational disease.
• 34-9-282. Payment of medical and burial expenses of claimants.
• 34-9-283. Applicability to occupational diseases of provisions of Code Section 34-9-263 regarding permanent partial industrial disabilities.
• 34-9-284. Liability of last employer; compensation based on average weekly wage.
• 34-9-285. Noncompensable disease or infirmity.
• 34-9-286. Payment of compensation to persons whose relationship with employee arises after disability [Repealed].
• 34-9-287. Applicability of article to occupational diseases in which last injurious exposure occurred before April 30, 1946 [Repealed].
• 34-9-288. Applicability of provisions of chapter to article.
• 34-9-289. Exclusive liability of employer for employee's death or disability from occupational disease.
• 34-9-290. Reporting of hazardous occupations and cases of occupational disease to Department of Human Resources [Repealed].
• 34-9-291. Effect of false representations by employee regarding previous disability from or compensation for occupational disease.
• 34-9-292. Payment of expenses of board.

Part 2 MEDICAL BOARD.

• 34-9-310. Resolution of medical questions resulting from claims for compensation.
• 34-9-311. Investigation of medical questions by medical board; hearing before medical board; examination of employee by physician; autopsy to determine cause of death; filing of report of medical board with State Board of Workers' Compensation [Repealed].
• 34-9-312. Promulgation of rules and regulations by medical board as to making of examinations and autopsies; determination of location of examinations; procedure by medical board in conducting medical investigations; reporting of investigations to full medical board and to State Board of Workers' Compensation; reporting of final decision of medical board; procedure by parties for appealing final decision; rendering of decision by board on appeal; conclusiveness of medical board's decisions as to medical questions [Repealed].
• 34-9-313. Power to compel attendance of witnesses and production of records.

Part 3 SPECIAL PROVISIONS REGARDING SILICOSIS AND ASBESTOSIS.

• 34-9-330 through 34-9-335 [Repealed].

Article 9 Subsequent Injury Trust Fund.

• 34-9-350. Purpose and construction of article.
• 34-9-351. Definitions.
• 34-9-351.1. Exclusion from eligibility for reimbursement of certain self-insured employers.
• 34-9-352. Creation and authority of Subsequent Injury Trust Fund; state treasurer as custodian.
• 34-9-353. Surety bonds of administrator and custodian.
• 34-9-354. Creation and appointment of board of trustees; duties; term of office of members and chairman; oath of office.
• 34-9-355. Appointment of administrator; administration of article; members of retirement system.
• 34-9-356. Payment of travel expenses of board members, administrator, and employees; per diem allowance of board members.
• 34-9-357. Payment of costs of administration; submission and approval of annual budget; audit of funds.
• 34-9-358. Payment of assessments to fund by insurers and self-insurers; calculations.
• 34-9-359. Reports by employers of compensation and benefits paid; failure to pay assessments.
• 34-9-360. Reimbursement of employer or insurer for subsequent injury compensation payments; amounts of and prerequisites to reimbursement from fund.
• 34-9-361. Employer's knowledge of employee's preexisting permanent impairment.
• 34-9-362. Notice by employer or insurer of claim against fund; request for a hearing.
• 34-9-363. Agreements for reimbursement from fund; hearing by State Board of Workers' Compensation in absence of agreement; compromise settlements.
• 34-9-363.1. Duty to notify administrator of proposed settlement agreements after reimbursement agreement has been reached; approval of such settlement agreements.
• 34-9-364. Apportionment or denial of reimbursement for expenses paid by employer or insurer.
• 34-9-365. Injuries to which article is applicable.
• 34-9-366. Binding of fund to questions determined in proceedings to which it was not a party.
• 34-9-367. Liability of fund for interest or attorney's fees.
• 34-9-368. Reimbursement of self-insured employers or insureds; actuarial study required; dissolution of Subsequent Injury Trust Fund.

Article 10 Self-insurers Guaranty Trust Fund.

• 34-9-380. Purpose of article.
• 34-9-381. Definitions.
• 34-9-382. Establishment of Self-insurers Guaranty Trust Fund; use of fund; application to be accepted in fund.
• 34-9-383. Membership of board of trustees of fund.
• 34-9-384. General powers of board of trustees.
• 34-9-385. Bankruptcy of participants.
• 34-9-386. Assessment of participants; liability of fund and participants for claims; revocation of participant's authority to be self-insured.
• 34-9-387. Reimbursement and security deposit from participant for compensation obligations.
• 34-9-388. Reports of participant's insolvency; participant's audits; review of applications for self-insurance and recommendations thereon.
• 34-9-389. State absolved of responsibility for debts incurred under fund.

Article 11 Drug-free Workplace Programs.

• 34-9-410. Legislative intent.
• 34-9-411. Definitions.
• 34-9-412. Insurance premium discount.
• 34-9-412.1. Certification.
• 34-9-413. Elements of program; applicable confidentiality standards.
• 34-9-414. Notice of testing; written policy statement.
• 34-9-415. Conduct of testing; types of tests; random testing; procedures for specimen collection and testing; laboratory qualifications, procedures, and reports; confirmation tests.
• 34-9-416. Employee Assistance Programs.
• 34-9-417. Education program on substance abuse.
• 34-9-418. Supervisor training on substance abuse.
• 34-9-419. Physician-patient relationship not created; authorized work rules; applicability of article; medical screening or other tests authorized; employer not required to establish program.
• 34-9-420. Confidentiality of information.
• 34-9-421. Rules and regulations.

Article 12 Work Based Learning Employer.

• 34-9-430. Definitions.
• 34-9-431. Certification of work based learning employer; requirements.
• 34-9-432. Certification of compliance.

Chapter 10. Labor Pools, 34-10-1 through 34-10-6.

• 34-10-1. Definitions.
• 34-10-2. Prohibited acts or practices.
• 34-10-3. Consent form for exposure to hazardous chemicals; enforcement of chapter.
• 34-10-4. Penalties for violation of chapter.
• 34-10-5. Civil action authorized.
• 34-10-6. Compliance with other state or federal laws.

Chapter 14. State Workforce Development Board, 34-14-1 through 34-14-2.

• 34-14-1. Creation of State Workforce Development Board; federal composition requirements; meetings; promulgation of rules and regulations authorized; administration of programs.
• 34-14-2. Authorization to develop and facilitate state workforce programs; enforcement.

RULES AND REGULATIONS OF THE STATE BOARD OF WORKERS' COMPENSATION

• 2. Procedure to Elect Coverage, Reject Coverage or Revoke Exemption.
• 12. Publication of Board Decisions.
• 13. Termination of Dependency.
• 15. Stipulated Settlements.
• 24. Procedure for Enforcement Division to Request a Hearing.
• 40. Offices and Addresses of the Board; Sessions.
• 48. Reserved.
• 60. Adoption and Amendment of Rules of the Board; Assignment of Identification Numbers for Claimants; Form of Documents Submitted to Board; Enforcement Powers.
• 61. Publication of Notice of Operation Under the Act; Forms.
• 62. Electronic Date Interchange (EDI).
• 63. Proration of Board's Expenses.
• 81.1. Bill of Rights.
• 82. Statute of Limitation and Procedure for Filing Claims.
• 84. [Payment of loans or assignments to third party creditors.]
• 100. Alternative Dispute Resolution (ADR) Division.
• 102. Attorneys Entitled to Practice Before the Board; Reporting Requirements; Postponements, Leave of Absence, and Legal Conflicts; Conduct of Hearings; Motions and Interlocutory Orders; Discovery and Submission of Evidence; Written Responses.
• 102.1. Practice of Law before the Board.
• 102.2. Policy for Electronic and Photographic News Coverage of Proceedings.
• 103. Appeals to the Appellate Division.
• 104. Suspension/Reinstatement of Benefits.
• 105. Appeals to the Courts.
• 108. Attorney's Fees.
• 121. Insurance in More Than One Company; Self-Insurance; Insurance by Counties and Municipalities.
• 126. Proof of Compliance with Insurance Provisions.
• 127. Permits for Self-Insurance; Establishment of Offices.
• 131. Designation by Insurer of Office for Service of Notices.
• 200. Compensation for Medical Care; Changes in Treatment; Filing of Medical Reports; Requests for Medical Information.
• 200.1. Provision of Rehabilitation Services.
• 200.2. Medical Case Management.
• 201. Panel of Physicians.
• 202. Examinations.
• 203. Payment of Medical Expenses; Procedure When Amount of Expenses is Disputed.
• 204. Subsequent Non-Work Related Injury; Chain of Causation; Burden of Proof.
• 205. Necessity of Treatment; Disputes Regarding Authorized Treatment.
• 206. Reimbursement of Group Carrier or Other Healthcare Provider.
• 208. Managed Care Organization Rules.
• 220. Computing Days of Disability Preceding Payment of Compensation.
• 221. Method of Payment.
• 222. Time Limit for Application for Lump Sum Payment.
• 226. Procedures for Appointing Conservator for Minor or Incompetent Adult.
• 240. Offer of Suitable Employment.
• 243. Credit for Payment of Income Benefits.
• 244. Reimbursement for Payment of Disability Benefits.
• 260. Basis for Computing Compensation.
• 261. Reserved.
• 262. Computing Temporary Partial Disability.
• 263. Determination of Disability Rating.
• 265. Payment of No-Dependency Benefits Into the General Fund of the State Treasury.
• 380. Establishment of the Self-Insurers Guaranty Trust Fund.
• 381. Definitions as used in this Article.
• 382. Purpose.
• 383. Board of Trustees; How Appointed.
• 384. Powers of the Board of Trustees.
• 385. Participant Filing for Relief Under the Federal Bankruptcy Act.
• 386. Method of Assessment.
• 387. Rights and Obligations of Board of Trustees to Obtain Reimbursement from Participant.
• 388. Duties of the Board to Board of trustees.

622-1-.01. Board of Trustees.

622-1-.02. Cost of Administration: budget.

622-1-.03 (1). Payment of non-dependency benefits into the Subsequent Injury Trust Fund.

622-1-.03 (2). Payment of assessments to fund by insurers and self-insurers.

622-1-.03 (3). Reports by employers of compensation and benefits paid; failure to pay assessments.

622-1-.04. Filing claims against the Subsequent Injury Trust Fund.

622-1-.05. Employer's knowledge statement.

622-1-.06. Procedures for payment of reimbursement benefits by the fund.

622-1-.07. Settlements subsequent to reimbursement agreements.

622-1-.08. Fund not bound as to certain matters.