It is the purpose of this article to encourage the employment of persons with disabilities by protecting employers from excess liability for compensation when an injury to a disabled worker merges with a preexisting permanent impairment to cause a greater disability than would have resulted from the subsequent injury alone. It shall not be construed to create, increase, or provide any benefits for injured employees or their dependents not otherwise provided by this chapter. The entitlement of an injured employee or dependents to compensation under this chapter shall be determined without regard to this article, the provisions of which shall be considered only in determining whether the employer or insurer who has paid compensation under this chapter is entitled to reimbursement from the Subsequent Injury Trust Fund.
History. Code 1933, § 114-911, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1995, p. 1302, §§ 14, 15.
Cross references.
Manner of determining right to compensation upon subsequent injury, § 34-9-241 .
Law reviews.
For annual survey of law of worker’s compensation, see 56 Mercer L. Rev. 479 (2004).
Structure Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers’ Compensation
Article 9 - Subsequent Injury Trust Fund
§ 34-9-350. Purpose and Construction of Article
§ 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
§ 34-9-355. Appointment of Administrator; Administration of Article; Members of Retirement System
§ 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
§ 34-9-361. 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
§ 34-9-364. 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