Bill Text: GA HB330 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Workers' compensation; decisions of administrative law judge and appellate division; change certain provisions
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2009-07-01 - Effective Date [HB330 Detail]
Download: Georgia-2009-HB330-Comm_Sub.html
09 LC 36
1352S
House
Bill 330 (COMMITTEE SUBSTITUTE)
By:
Representatives Coan of the
101st,
Reese of the
98th,
Hamilton of the
23rd,
Knox of the
24th,
Marin of the
96th,
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 workers' compensation, so as to change certain provisions relating to service
of decisions of an administrative law judge and decisions of the appellate
division; to provide that an employee's waiver of confidentiality includes past
medical history with respect to any condition or complaint related to the
condition for which the employee claims compensation; to provide the conditions
under which employers from other states engaged in the construction industry
with workers' compensation insurance coverage issued in such other states shall
be considered to be in compliance with the requirement of providing insurance
for payment of workers' compensation in this state; to provide that final
settlement payments may be paid by the employer to a person or corporation
appointed by the superior court in certain circumstances; to correct a
cross-reference; to provide for related matters; 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 workers'
compensation, is amended by revising subsection (f) of Code Section 34-9-102,
relating to hearing before administrative law judge, as follows:
"(f)
Decision of the
administrative law judge. Within 30 days
following the completion of evidence, unless the time for filing the decision is
extended by the board, the administrative law judge shall determine the
questions and issues and file the decision with the record of the hearing. At
the time of the
filing,
a copy of the decision shall be
mailed
sent
to all parties
and counsel of
record at their
last
known addresses
of
record.
Notice to
counsel of record of a party shall constitute service of notice to the party, if
a copy of the decision was sent to the address of record of said
party. The decision of the administrative
law judge shall be made in the form of a compensation award, appropriately
titled to show its purpose and containing a concise report of the case, with
findings of fact and conclusions of law and any other necessary explanation of
the action taken. The administrative law judge may reconsider the official
decision prior to its becoming final to correct apparent errors or omissions.
The compensation award shall be final
20 days after
issuance of notice of the award unless an
appeal is filed in accordance with Code Section 34-9-103."
SECTION
2.
Said
chapter is further amended by revising subsection (a) of Code Section 34-9-103,
relating to appeal of decision, remand, and reconsideration, amendment, or
revision of award, as follows:
"(a)
Any party dissatisfied with a decision of an administrative law judge of the
trial division of the State Board of Workers' Compensation may appeal that
decision to the appellate division of the State Board of Workers' Compensation
which shall have original appellate jurisdiction in all workers' compensation
cases. An application for review shall be made to the appellate division within
20 days of
issuance
of notice of the award. The appellee may
institute cross appeal by filing notice thereof within 30 days of the notice of
the award. If a timely application for review, cross appeal, or both, is made
to the appellate division, the appellate division shall review the evidence and
shall then make an award with findings of fact and conclusions of law. A copy
of the award so made on review shall immediately be sent to the parties
and counsel of
record at dispute
at their
addresses of record. Notice to counsel of record of a party shall constitute
service of notice to the party, if a copy of the award was sent to the address
of record of said party. Upon review, the
appellate division may remand to an administrative law judge in the trial
division any case before it for the purpose of reconsideration and correction of
apparent errors and omissions and issuance of a new award, with or without the
taking of additional evidence, or for the purpose of taking additional evidence
for consideration by the appellate division in rendering any decision or award
in the case. The findings of fact made by the administrative law judge in the
trial division shall be accepted by the appellate division where such findings
are supported by a preponderance of competent and credible evidence contained
within the records."
SECTION
3.
Said
chapter is further amended by revising Code Section 34-9-121, relating to
compensation for injury outside of state, as follows:
"34-9-121.
(a)
Unless otherwise ordered or permitted by the board, every employer subject to
the provisions of this chapter relative to the payment of compensation shall
secure and maintain full insurance against such employer's liability for payment
of compensation under this article, such insurance to be secured from some
corporation, association, or organization licensed by law to transact the
business of workers' compensation insurance in this state or from some mutual
insurance association formed by a group of employers so licensed; or such
employer shall furnish the board with satisfactory proof of such employer's
financial ability to pay the compensation directly in the amount and manner and
when due, as provided for in this chapter. In the latter case, the board may,
in its discretion, require the deposit of acceptable security, indemnity, or
bond to secure the payment of compensation liabilities as they are incurred;
provided, however, that it shall be satisfactory proof of the employer's
financial ability to pay the compensation directly in the amount and manner when
due, as provided for in this chapter, and the equivalent of acceptable security,
indemnity, or bond to secure the payment of compensation liabilities as they are
incurred, if the employer shall show the board that such employer is a member of
a mutual insurance company duly licensed to do business in this state by the
Commissioner of Insurance, as provided by the laws of this state, or of an
association or group of employers so licensed and as such is exchanging
contracts of insurance with the employers of this and other states through a
medium specified and located in their agreements with each other, but this
proviso shall in no way restrict or qualify the right of self-insurance as
authorized in this Code section. Nothing in this Code section shall be construed
to require an employer to place such employer's entire insurance in a single
insurance carrier.
(b)(1)
Any employer from another state engaged in the construction industry within this
state with a workers' compensation insurance policy issued under the laws of
such other state so as to cover that employer's employees while in this state
shall be in compliance with subsection (a) of this Code section if:
(A)
Such other state recognizes the extraterritorial provisions of Code Section
34-9-242; and
(B)
Such other state recognizes and gives effect within such state to workers'
compensation policies issued to employers of this state.
(2)
Nothing in this subsection shall be construed to void any insurance
coverage.
(b)(c)
The board shall have the authority to promulgate rules and regulations to set
forth requirements for third-party administrators and servicing agents,
including insurers acting as third-party administrators or servicing agents,
with regard to their management or administration of workers' compensation
claims. All Title 33 regulations shall remain in the Insurance
Department.
(c)(d)
Wherever a self-insurer has been required to post bond, should it cease to be a
corporation, obtain other coverage, or no longer desire to be a self-insurer,
the board shall be allowed to return the bond in either instance, upon the
filing of a certificate certifying to the existence of an insurance contract to
take over outstanding liability resulting from any presently pending claim or
any future unrepresented claims; and the board shall be relieved of any
liability arising out of a case where the injuries were incurred, or liability
therefor, prior to the returning of the bonds."
SECTION
4.
Said
chapter is further amended by revising Code Section 34-9-207, relating to
employee's waiver of confidentiality of communications with physician and
release for medical records and information, as follows:
"34-9-207.
(a)
When an employee has submitted a claim for workers' compensation benefits or is
receiving payment of weekly income benefits or the employer has paid any medical
expenses, that employee shall be deemed to have waived any privilege or
confidentiality concerning any communications related to the claim or history or
treatment of injury arising from the incident that the employee has had with any
physician, including, but not limited to, communications with psychiatrists or
psychologists.
This waiver
shall apply to the employee's medical history with respect to any condition or
complaint reasonably related to the condition for which such employee claims
compensation. Notwithstanding any other
provision of law to the contrary, when requested by the
employer,
any physician who has examined, treated, or tested the employee or consulted
about the employee shall provide within a reasonable time and for a reasonable
charge all information and records related to the examination, treatment,
testing, or consultation concerning the employee.
(b)
When an employee has submitted a claim for workers' compensation benefits or is
receiving payment of weekly income benefits or the employer has paid any medical
expenses, the
employee, upon
request, shall provide the employer with a
signed release for medical records and information related to the claim or
history or treatment of injury arising from the incident, including information
related to the treatment for any mental condition or drug or alcohol abuse
and to such
employee's medical history with respect to any condition or complaint reasonably
related to the condition for which such employee claims
compensation. Said release shall
designate the provider
and shall
state that it will
to whom the
release is directed. If a hearing is pending, any release
shall expire on the date of the
hearing.
(c)
If the employee refuses to provide a signed release for medical information as
required by this
subsection,
any weekly income benefits being received by the employee shall be suspended and
no hearing shall be scheduled at the request of the employee until such signed
release is provided
Code section
and, in the opinion of the board, the refusal was not justified under the terms
of this Code section, then such employee shall not be entitled to any
compensation at any time during the continuance of such refusal or to a hearing
on the issues of compensability arising from the
claim."
SECTION
5.
Said
chapter is further amended by revising Code Section 34-9-223, relating to lump
sum payments to trustees, as follows:
"34-9-223.
Whenever
the board deems it expedient, any lump sum, subject to the provisions of Code
Section 34-9-222,
or final
settlement, subject to the provisions of Code Section
34-9-15, shall be paid by the employer to
some suitable person or corporation appointed by the superior court of the
county wherein the accident occurred or the original hearing was held as trustee
to administer such payment for the benefit of the person or persons entitled
thereto in the manner provided by the board. The receipt by such trustees of
the amount so paid shall discharge the employer or anyone else who is liable
therefor."
SECTION
6.
Said
chapter is further amended by revising subsection (d) of Code Section 34-9-385,
relating to bankruptcy of participants, as follows:
"(d)
When a participant is determined to be an insolvent self-insurer, the board of
trustees is empowered to and shall assume on behalf of the participant its
outstanding workers' compensation obligations excluding penalties, fines, and
claimant's attorneys' fees assessed pursuant to subsection (b) of Code Section
34-9-108 and shall take all steps necessary to collect, recover, and enforce all
outstanding securities, indemnity, insurance, or bonds furnished by such
participant guaranteeing the payment of compensation provided in this chapter
for the purpose of paying outstanding obligations of the participant. The board
shall convert and deposit into the fund such securities and any amounts received
under agreements of surety, guaranty, insurance, or otherwise on behalf of the
participant. Any amounts remaining from such securities, indemnity, insurance,
bonds, guaranties, and sureties, following payment of all compensation costs and
related administrative fees of the board of trustees including attorneys' fees,
and following exhaustion of all amounts assessed and received pursuant to
subsections (a) and
(c)(d)
of Code Section 34-9-121 and any applicable rule of the board may be refunded by
the fund as directed by the board of trustees, subject to the approval of the
board, to the appropriate party one year from the date of final payment,
provided no outstanding liabilities remain against the fund."
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.