06 LC 36
0122/AP
House
Bill 1405 (AS PASSED HOUSE AND SENATE)
By:
Representatives Coan of the
101st,
Burkhalter of the
50th,
Heard of the
104th,
Keen of the
179th,
England of the
108th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating
to
workerś
compensation, so as to require that a claim be proven or documented within 36
months after a notice of claim is filed; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
9 of Title 34 of the Official Code of Georgia Annotated, relating to
workerś
compensation, is amended by striking in Code Section 34-9-362, relating to
notice by employer or insurer of claim against the Subsequent Injury Trust Fund,
and inserting in its place the following:
"34-9-362.
(a)
An employer or insurer shall notify the administrator of the fund of any
possible claim against the fund as soon as practicable, but in no event later
than 78 calendar weeks following the injury or the payment of an amount
equivalent to 78 weeks of income or death benefits, whichever occurs
last.
(b)
In those
claims where the employer or insurer is contemplating filing against the
fund,
the
The
claim must be filed in accordance with the requirements of subsection (a) of
this Code section prior to the final settlement of the claim.
(c)
Failure to comply with the provisions of subsections (a) and (b) of this Code
section will constitute a bar to recovery from the Subsequent Injury Trust
Fund.
(d)
For those notices of claim filed with the fund on or before July 1, 2006, the
employer or insurer shall have until June 30, 2009, to obtain a reimbursement
agreement issued by the fund or the claim for reimbursement shall be deemed
automatically denied.
(e)
For those notices of claim filed with the fund after July 1, 2006, the employer
or insurer shall have three years from the date the notice was received by the
fund to obtain a reimbursement agreement issued by the fund or the claim for
reimbursement shall be deemed automatically denied.
(f)
Notwithstanding subsections (d) and (e) of this Code section, if compensability
of the underlying
workerś
compensation claim is at issue before the State Board of
Workerś
Compensation, then the employer or insurer shall have three years from the date
of final adjudication of compensability by the State Board of
Workerś
Compensation or any appellate court to obtain a reimbursement agreement issued
by the fund or the claim for reimbursement shall be deemed automatically
denied.
(g)
Upon actual or statutory automatic denial pursuant to subsection (d), (e), or
(f) of this Code section, the employer or insurer shall have 20 days from the
date of denial to request a hearing with the State Board of
Workerś
Compensation pursuant to Code Section 34-9-100; otherwise recovery shall be
barred."
SECTION
2.
This
Act shall become effective July 1, 2006.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.