Georgia Code
Article 9 - Subsequent Injury Trust Fund
§ 34-9-367. Liability of Fund for Interest or Attorney’s Fees

The Subsequent Injury Trust Fund shall not be liable for any interest on sums due claiming parties nor shall it be liable for attorney’s fees due attorneys of the claiming parties except where it is proven by a preponderance of evidence that the Subsequent Injury Trust Fund has failed or refused to accept a valid claim for reimbursement as provided for under this chapter in whole or in part without reasonable grounds; in such a circumstance, the party seeking reimbursement may be entitled to attorney’s fees as provided under subsection (b) of Code Section 34-9-108.
History. Code 1933, § 114-915, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1982, p. 3, § 34; Ga. L. 1996, p. 1291, § 15.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1988, “attorney’s” was substituted for “attorneys’ ”.
Law reviews.
For review of 1996 workers’ compensation legislation, see 13 Ga. St. U.L. Rev. 233 (1996).
For annual survey of law of worker’s compensation, see 56 Mercer L. Rev. 479 (2004).

Structure Georgia Code

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. 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