Georgia Code
Article 9 - Subsequent Injury Trust Fund
§ 34-9-361. Employer’s Knowledge of Employee’s Preexisting Permanent Impairment

It shall be incumbent upon the employer to establish that the employer had reached an informed conclusion prior to the occurrence of the subsequent injury or occupational disease that the preexisting impairment is permanent and is likely to be a hindrance or obstacle to employment or reemployment. Where, however, the employer establishes knowledge of the preexisting permanent impairment prior to the subsequent injury, there shall be a presumption that the employer considered the condition to be permanent and to be, or likely to be, a hindrance or obstacle to employment where the condition is one of the following:
History. Code 1933, § 114-914, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 2015, p. 385, § 4-15/HB 252.
The 2015 amendment, effective July 1, 2015, substituted “intellectual disability” for “mental retardation” at the beginning of paragraph (12).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1988, a hyphen was placed between the words “weight bearing” in paragraph (17).
Editor’s notes.
Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘J. Calvin Hill, Jr., Act.’

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