The administrator of the fund may apportion or deny the employer or insurer reimbursement from the fund for medical expense provided by Code Section 34-9-360 where there are clear and unequivocal facts to establish that the subsequent injury to the permanently impaired employee was not caused by or in any way related to the employee’s preexisting disability. The apportionment by the administrator shall be subject to the approval of the State Board of Workers’ Compensation.
History. Code 1933, § 114-913, enacted by Ga. L. 1977, p. 608, § 1.
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