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HB 135 - Workers' compensation; amend provisions

Smith, Larry (109th)	Howard, Henry L (118th)	Bordeaux, Tom (151st)
Mann, Harold M (5th)	Coan, Michael T (82nd)	Orrock, Nan (56th)

Status Summary	HC:	IndR	SC:	I&L	FR:	01/15/99	LA:	01/10/00	S - Read 3rd Time (CS )

First Reader Summary

A BILL to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for cross appeals to the appellate division of the State Board of Workers' Compensation within 30 days of the notice of award by the administrative law judge; to authorize the board to review the status of a self-insured employer after the self-insured employer has been involved in a merger or acquisition; and for other purposes.

Code Sections - 34-9-127/ 34-9-226/ 34-9-245/ 34-9-261/ 34-9-262

HB 135                                            LC 19 4080S 
 
 
                The House Committee on Industrial Relations offers 
      the following substitute to HB 135: 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 9 of Title 34 of the Official Code of 
  1- 2  Georgia Annotated, relating to workers' compensation, so as 
  1- 3  to provide for cross appeals to the appellate division of 
  1- 4  the State Board of Workers' Compensation within 30 days of 
  1- 5  the notice of award by the administrative law judge; to 
  1- 6  authorize the board to review the status of a self-insured 
  1- 7  employer after the self-insured employer has been involved 
  1- 8  in a merger or acquisition; to authorize the board to 
  1- 9  appoint guardians of minor or legally incompetent persons in 
  1-10  limited circumstances; to empower the board to order a 
  1-11  reimbursement of the overpayment of income benefits to a 
  1-12  claimant; to increase the maximum amounts of temporary total 
  1-13  disability benefits and temporary partial disability 
  1-14  benefits paid to a claimant; to increase the amount paid for 
  1-15  burial expenses; to provide for other matters relative to 
  1-16  the foregoing; to repeal conflicting laws; and for other 
  1-17  purposes. 
 
  1-18       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-19                           SECTION 1. 
 
  1-20  Chapter 9 of Title 34 of the Official Code of Georgia 
  1-21  Annotated, relating to workers' compensation, is amended by 
  1-22  striking in its entirety subsection (a) of Code Section 
  1-23  34-9-103, relating to appeals of decisions by the State 
  1-24  Board of Workers' Compensation, and inserting in lieu 
  1-25  thereof the following: 
 
  1-26    "(a) Any party dissatisfied with a decision of an 
  1-27    administrative law judge of the trial division of the 
  1-28    State Board of Workers' Compensation may appeal that 
  1-29    decision to the appellate division of the State Board of 
  1-30    Workers' Compensation which shall have original appellate 
  1-31    jurisdiction in all workers' compensation cases.  If an An 
  1-32    application for review is made to the appellate shall be 
  1-33    made to the appellate division within 20 days of notice of 
  1-34    the award. The appellee may institute cross appeal by 
  1-35    filing notice thereof within 30 days of the notice of the 
 
 
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  2- 1    award.  If a timely application for review, cross appeal, 
  2- 2    or both, is made to the appellate division, the appellate 
  2- 3    division shall review the evidence and shall then make an 
  2- 4    award with findings of fact and conclusions of law.  A 
  2- 5    copy of the award so made on review shall immediately be 
  2- 6    sent to the parties at dispute.  Upon review, the 
  2- 7    appellate division may remand to an administrative law 
  2- 8    judge in the trial division any case before it for the 
  2- 9    purpose of reconsideration and correction of apparent 
  2-10    errors and omissions and issuance of a new award, with or 
  2-11    without the taking of additional evidence, or for the 
  2-12    purpose of taking additional evidence for consideration by 
  2-13    the appellate division in rendering any decision or award 
  2-14    in the case.  The findings of fact made by the 
  2-15    administrative law judge in the trial division shall be 
  2-16    accepted by the appellate division where such findings are 
  2-17    supported by a preponderance of competent and credible 
  2-18    evidence contained within the records." 
 
  2-19                           SECTION 2. 
 
  2-20  Said chapter is further amended by striking in its entirety 
  2-21  Code Section 34-9-127, relating to the issuance by the board 
  2-22  of certificates of self-insurance, and inserting in lieu 
  2-23  thereof the following: 
 
  2-24    "34-9-127. 
 
  2-25    (a) Whenever an employer has complied with those 
  2-26    provisions of Code Section 34-9-121 relating to 
  2-27    self-insurance, the board shall issue to such employer a 
  2-28    certificate which shall remain in force for a period fixed 
  2-29    by the board.; but the board 
 
  2-30    (b) The board shall have the authority to review the 
  2-31    self-insured status of an employer after a merger or 
  2-32    acquisition involving the employer. 
 
  2-33    (c) The board may, upon at least 60 days' notice to the 
  2-34    employer and after a hearing, revoke the certificate upon 
  2-35    satisfactory evidence for such revocation having been 
  2-36    presented.  At any time after such revocation, the board 
  2-37    may grant a new certificate to the employer upon his 
  2-38    petition." 
 
  2-39                           SECTION 3. 
 
  2-40  Said chapter is further amended by striking in its entirety 
  2-41  subsection (f) of Code Section 34-9-200.1, relating to 
 
 
 
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  3- 1  rehabilitation benefits and suppliers, and inserting in lieu 
  3- 2  thereof the following: 
 
  3- 3    "(f) Any rehabilitation supplier shall hold one of the 
  3- 4    following certifications or licenses: 
 
  3- 5      (1) Certified Rehabilitation Counselor (CRC); 
 
  3- 6      (2) Certified Disability Management Specialist (CDMS); 
 
  3- 7      (3) Certified Rehabilitation Registered Nurse (CRRN); 
 
  3- 8      (4) Work Adjustment and Vocational Evaluation Specialist 
  3- 9      (WAVES); or 
 
  3-10      (5) Licensed Professional Counselor (LPC) 
 
  3-11    and shall be registered with the State Board of Workers' 
  3-12    Compensation.  The board shall have the authority to 
  3-13    refuse to register an applicant as a rehabilitation 
  3-14    supplier, to remove a rehabilitation supplier from a case, 
  3-15    to require corrective actions of a rehabilitation 
  3-16    supplier, to assess penalties as provided under Code 
  3-17    Section 34-9-21 34-9-18 against a rehabilitation supplier, 
  3-18    or to suspend or revoke the board registration of a 
  3-19    rehabilitation supplier for failure to comply with this 
  3-20    chapter or the rules and regulations of the board or the 
  3-21    standards of ethics of the applicable licensing or 
  3-22    certifying body. Revocation of registration shall be 
  3-23    determined in a hearing before an administrative law judge 
  3-24    and an adverse decision may be appealed as provided under 
  3-25    Code Sections 34-9-103 and 34-9-105.  The board may 
  3-26    establish by rule based upon recognized qualifications, 
  3-27    educational standards, and competency in the field of 
  3-28    rehabilitation suppliers, as determined and set out by the 
  3-29    board, those persons who will be authorized to provide 
  3-30    rehabilitation services to injured employees under this 
  3-31    chapter." 
 
  3-32                           SECTION 4. 
 
  3-33  Said chapter is further amended by striking in its entirety 
  3-34  subsection (a) of Code Section 34-9-221, relating to the 
  3-35  procedure for the payment of compensation, and inserting in 
  3-36  lieu thereof the following: 
 
  3-37    "(a) Income benefits shall be paid periodically, promptly, 
  3-38    and directly to the person entitled thereto, without an 
  3-39    award, except where liability is controverted by the 
  3-40    employer.  Where the claimant's address of record is in 
  3-41    Georgia, payment shall be made in cash or negotiable 
 
 
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  4- 1    instrument drawn on a Georgia depository, except where an 
  4- 2    application for exception is made to the State Board of 
  4- 3    Workers' Compensation and the applicant demonstrates that 
  4- 4    reasonable methods of payment exist that will assure the 
  4- 5    timely receipt of payment of compensation benefits to the 
  4- 6    claimant.  All applicants must meet the permitting 
  4- 7    requirements of subsection (b) of Code Section 34-9-131 or 
  4- 8    of Code Section 34-9-127." 
 
  4- 9                           SECTION 5. 
 
  4-10  Said chapter is further amended by striking in its entirety 
  4-11  Code Section 34-9-226, relating to the appointment of a 
  4-12  guardian for a minor or incompetent claimant, and inserting 
  4-13  in lieu thereof the following: 
 
  4-14    "34-9-226. 
 
  4-15    (a) After July 1, 1996 Except as provided in this Code 
  4-16    section, the only person capable of representing a minor 
  4-17    or legally incompetent claimant entitled to workers' 
  4-18    compensation benefits shall be a guardian duly appointed 
  4-19    and qualified by the probate court of the county of 
  4-20    residence of such minor or legally incompetent person. 
  4-21    Said guardian shall be required to file with the board a 
  4-22    copy of the guardianship returns filed annually with the 
  4-23    probate court and give notice to all parties within 30 
  4-24    days of any change in status. 
 
  4-25    (b) The board shall have authority in and shall establish 
  4-26    procedures for appointing temporary guardians for purposes 
  4-27    of administering workers' compensation rights and benefits 
  4-28    without such guardian becoming the legally qualified 
  4-29    guardian of any other property, without such guardian's 
  4-30    actions being approved by a court of record, and without 
  4-31    the posting of a bond, in only the following 
  4-32    circumstances: 
 
  4-33      (1) The board may, in its discretion, authorize and 
  4-34      appoint a temporary guardian of a minor or legally 
  4-35      incompetent person to receive and administer weekly 
  4-36      income benefits on behalf of and for the benefit of said 
  4-37      minor or legally incompetent person for a period not to 
  4-38      exceed 52 weeks unless renewed or extended by order of 
  4-39      the board; 
 
  4-40      (2) The board may, in its discretion, authorize and 
  4-41      appoint a temporary guardian of a minor or legally 
  4-42      incompetent person to compromise and terminate any claim 
 
 
 
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  5- 1      and receive any sum paid in settlement for the benefits 
  5- 2      and use of said minor or legally incompetent person 
  5- 3      where the net settlement amount approved by the board is 
  5- 4      less than $25,000.00; and 
 
  5- 5      (3) If a minor or legally incompetent person does not 
  5- 6      have a duly appointed representative or guardian, the 
  5- 7      board may, in its discretion, appoint a guardian ad 
  5- 8      litem to bring or defend an action under the Workers' 
  5- 9      Compensation Act in the name of and for the benefit of 
  5-10      said minor or legally incompetent person to serve for a 
  5-11      period not to exceed 52 weeks, unless renewed or 
  5-12      extended by order of the board.  However, no guardian ad 
  5-13      litem appointed pursuant to this Code section shall be 
  5-14      permitted to receive the proceeds from any such action 
  5-15      except as provided in subsections (a) and (b) of this 
  5-16      Code section and the board shall have the authority to 
  5-17      determine compensation, if any, for any guardian ad 
  5-18      litem appointed pursuant to this Code section." 
 
  5-19                           SECTION 6. 
 
  5-20  Said chapter is further amended by inserting at the end of 
  5-21  Part 3 of Article 6, relating to payment of compensation, a 
  5-22  new Code Section 34-9-245 to read as follows: 
 
  5-23    "34-9-245. 
 
  5-24    Should the board find that a claimant has received an 
  5-25    overpayment of income benefits from the employer, for any 
  5-26    reason, the board shall have the authority to order 
  5-27    repayment on terms acceptable to the parties or within the 
  5-28    discretion of the board.  No claim for reimbursement shall 
  5-29    be allowed where the application for reimbursement is 
  5-30    filed more than two years from the date such overpayment 
  5-31    was made." 
 
  5-32                           SECTION 7. 
 
  5-33  Said chapter is further amended by striking Code Section 
  5-34  34-9-261, relating to compensation for total disability, and 
  5-35  inserting in lieu thereof the following: 
 
  5-36    "34-9-261. 
 
  5-37    While the disability to work resulting from an injury is 
  5-38    temporarily total, the employer shall pay or cause to be 
  5-39    paid to the employee a weekly benefit equal to two-thirds 
  5-40    of the employee's average weekly wage but not more than 
  5-41    $325.00 $350.00 per week nor less than $32.50 $35.00 per 
 
 
 
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  6- 1    week, except that when the weekly wage is below $32.50 
  6- 2    35.00 the employer shall pay a weekly benefit equal to the 
  6- 3    average weekly wage.  The weekly benefit under this Code 
  6- 4    section shall be payable for a maximum period of 400 weeks 
  6- 5    from the date of injury; provided, however, in the event 
  6- 6    of a catastrophic injury as defined in subsection (g) of 
  6- 7    Code Section 34-9-200.1, the weekly benefit under this 
  6- 8    Code section shall be paid until such time as the employee 
  6- 9    undergoes a change in condition for the better as provided 
  6-10    in paragraph (1) of subsection (a) of Code Section 
  6-11    34-9-104." 
 
  6-12                           SECTION 8. 
 
  6-13  Said chapter is further amended by striking Code Section 
  6-14  34-9-262, relating to compensation for temporary partial 
  6-15  disability, and inserting in lieu thereof the following: 
 
  6-16    "34-9-262. 
 
  6-17    Except as otherwise provided in Code Section 34-9-263, 
  6-18    where the disability to work resulting from the injury is 
  6-19    partial in character but temporary in quality, the 
  6-20    employer shall pay or cause to be paid to the employee a 
  6-21    weekly benefit equal to two-thirds of the difference 
  6-22    between the average weekly wage before the injury and the 
  6-23    average weekly wage the employee is able to earn 
  6-24    thereafter, but not more than $216.67 $233.33 per week for 
  6-25    a period not exceeding 350 weeks from the date of injury." 
 
  6-26                           SECTION 9. 
 
  6-27  Said chapter is further amended by striking in its entirety 
  6-28  subsection (b) of Code Section 34-9-265, relating to 
  6-29  compensation for death resulting from injury and other 
  6-30  causes, and inserting in lieu thereof the following: 
 
  6-31    "(b) If death results instantly from an accident arising 
  6-32    out of and in the course of employment or if during the 
  6-33    period of disability caused by an accident death results 
  6-34    proximately therefrom, the compensation under this chapter 
  6-35    shall be as follows: 
 
  6-36      (1) The employer shall, in addition to any other 
  6-37      compensation, pay the reasonable expenses of the 
  6-38      employee's last sickness and burial expenses not to 
  6-39      exceed $5,000.00 $7,500.00.  If the employee leaves no 
  6-40      dependents, this shall be the only compensation; 
 
 
 
 
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  7- 1      (2) The employer shall pay the dependents of the 
  7- 2      deceased employee, which dependents are wholly dependent 
  7- 3      on his or her earnings for support at the time of the 
  7- 4      injury, a weekly compensation equal to the compensation 
  7- 5      which is provided for in Code Section 34-9-261 for total 
  7- 6      incapacity; 
 
  7- 7      (3) If the employee leaves dependents only partially 
  7- 8      dependent on his or her earnings for their support at 
  7- 9      the time of the injury, the weekly compensation for 
  7-10      these dependents shall be in the same proportion to the 
  7-11      compensation for persons wholly dependent as the average 
  7-12      amount contributed weekly by the deceased to the partial 
  7-13      dependents bears to the deceased employee's average 
  7-14      weekly wages at the time of the injury; 
 
  7-15      (4) When weekly payments have been made to an injured 
  7-16      employee before his or her death, compensation to 
  7-17      dependents shall begin on the date of the last of such 
  7-18      payments; but the number of weekly payments made to the 
  7-19      injured employee under Code Section 34-9-261, 34-9-262, 
  7-20      or 34-9-263 shall be subtracted from the maximum 400 
  7-21      week period of dependency of a spouse provided by Code 
  7-22      Section 34-9-13; and in no case shall payments be made 
  7-23      to dependents except during dependency." 
 
  7-24                          SECTION 10. 
 
  7-25  All laws and parts of laws in conflict with this Act are 
  7-26  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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