Bill Text: GA HB971 | 2011-2012 | Regular Session | Introduced
Bill Title: Workers' compensation; awards and benefits; change certain provisions
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-07-01 - Effective Date [HB971 Detail]
Download: Georgia-2011-HB971-Introduced.html
12 HB 971/AP
House
Bill 971 (AS PASSED HOUSE AND SENATE)
By:
Representative Hembree of the
67th
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
settlement agreements between parties; to change certain provisions relating to
compensation for medical care, artificial members, and other treatment and
supplies, effect of employee's refusal of treatment, and employer's liability
for temporary care; to change certain provisions relating to the appointment of
a conservator for a minor or an incompetent claimant; to revise certain
provisions relating to compensation for loss of hearing caused by harmful noise;
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 (c) of Code Section 34-9-15,
relating to procedure for settlement between parties generally, approval by the
board, finality of settlement, and lump sum settlement, as follows:
"(c)
The parties
by agreement and with the approval of the board may enter into a compromise lump
sum settlement resolving all issues
The board or
any party to the settlement agreement may require that the settlement documents
contain language which prorates the lump
sum settlement over the life expectancy of the injured worker. When such an
agreement has been approved, neither the weekly compensation rate paid
throughout the case nor the maximum statutory weekly rate applicable to the
injury shall apply. No compensation rate shall exceed the maximum statutory
weekly rate as of the date of injury. Instead, the prorated rate set forth in
the approved settlement documents shall control and become the rate for that
case. This subsection shall be retroactive in effect."
SECTION
2.
Said
title is further amended by revising subsection (f) of Code Section 34-9-221,
relating to procedure, payment controverted by employer, delinquency charge, and
enforcement, as follows:
"(f)
If income benefits payable under the terms of an award are not paid within 20
days after becoming due, there shall be added to the accrued income benefits an
amount equal to 20 percent thereof, which shall be paid at the same time as, but
in addition to, the accrued benefits unless review of the award is granted by
the board or
unless this nonpayment is excused by the board after a showing by the employer
that due to conditions beyond the control of the employer the income benefits
could not be paid within the period
prescribed."
SECTION
3.
Said
chapter is further amended by revising Code Section 34-9-226, relating to the
appointment of a guardian for a minor or an incompetent claimant, as
follows:
"34-9-226.
(a)
Except as provided in this Code section, the only person capable of representing
a minor or legally incompetent claimant entitled to workers' compensation
benefits shall be
(1)
a conservator duly appointed and qualified by the probate court of the county of
residence of such minor or legally incompetent person
or by any
court of competent jurisdiction within this
state, or
(2) a
conservator or the equivalent thereof duly
appointed by a court of competent
jurisdiction outside the State of Georgia.
Said
Such
conservator shall be required to file with the board a copy of the
conservatorship returns filed annually with the probate court or with a court of
competent jurisdiction outside the State of Georgia and give notice to all
parties within 30 days of any change in status.
(b)
The board shall have authority in and shall establish procedures for appointing
temporary
conservators for purposes of administering workers' compensation rights and
benefits without such conservator becoming the legally qualified conservator of
any other property, without such conservator's actions being approved by a court
of record, and without the posting of a bond, in only the following
circumstances:
(1)
The board may, in its discretion, authorize and appoint a
temporary
conservator of a minor or legally incompetent person to receive and administer
weekly income benefits on behalf of and for the benefit of said minor or legally
incompetent person
for a
period not to exceed 52 weeks unless renewed or extended by order of the
board;
(2)
The board may, in its discretion, authorize and appoint a
temporary
conservator of a minor or legally incompetent person to compromise and terminate
any claim and receive any sum paid in settlement for the benefits and use of
said minor or legally incompetent person where the net settlement amount
approved by the board is less than
$50,000.00
$100,000.00;
however, where the natural parent is the guardian of a minor and the settlement
amount is less than $15,000.00, no board appointed conservator shall be
necessary. After settlement, the board shall retain the authority to resolve
disputes regarding continuing representation of a board appointed conservator of
a minor or legally incompetent person;
and
(3)
If a minor or legally incompetent person does not have a duly appointed
representative or conservator, the board may, in its discretion, appoint a
guardian ad litem to bring or defend an action under this chapter in the name of
and for the benefit of said minor or legally incompetent person
to serve
for a period not to exceed 52 weeks, unless renewed or extended by order of the
board. However, no guardian ad litem
appointed pursuant to this Code section shall be permitted to receive the
proceeds from any such action except as provided in this Code section and the
board shall have the authority to determine compensation, if any, for any
guardian ad litem appointed pursuant to this Code section."
SECTION
4.
Said
chapter is further amended by revising paragraphs (1) and (2) of subsection (b)
of Code Section 34-9-264, relating to compensation for loss of hearing caused by
harmful noise under workers' compensation, as follows:
"(1)
In the evaluation of occupational hearing loss, only the hearing levels at the
frequencies of 500, 1,000,
and
2,000, and
3,000 cycles per second shall be
considered. Hearing losses for frequencies below 500 and above
2,000
3,000
cycles per second are not to be considered as constituting compensable hearing
disability. No consideration shall be given to the question of whether or not
the ability of an employee to understand speech is improved by the use of a
hearing aid. The board may order the employer to provide the employee with an
original hearing aid if it will materially improve the employee's ability to
hear;
(2)
The percentage of hearing loss shall be calculated as the average, in decibels,
of the thresholds of hearing for the frequencies of 500, 1,000,
and
2,000, and
3,000 cycles per second. Pure tone air
conduction audiometric instruments, properly calibrated according to accepted
national standards such as
American
Standards Association, Inc. (ASA),
International Standards Organization
(ISO),
or American National Standards Institute, Inc. (ANSI), shall be used for
measuring hearing loss. If more than one audiogram is taken, the audiogram
having the lowest threshold will be used to calculate occupational hearing loss.
If the losses of hearing average
15
25
decibels
(26 db if
ANSI or ISO) or less in the
three
four
frequencies, such losses of hearing shall not constitute any compensable hearing
disability. If the losses of hearing average
82
92
decibels
(93 db if
ANSI or ISO) or more in the
three
four
frequencies, then the same shall constitute and be total or 100 percent
compensable hearing loss. In measuring hearing impairment, the lowest measured
losses in each of the
three
four
frequencies shall be added together and divided by
three
four
to determine the average decibel loss. For each decibel of loss exceeding
15
25
decibels
(26 db if
ANSI or ISO) an allowance of 1 1/2 percent
shall be made up to the maximum of 100 percent which is reached at
82
92
decibels
(93 db if
ANSI or ISO). In determining the binaural
percentage of loss, the percentage of impairment in the better ear shall be
multiplied by five. The resulting figure shall be added to the percentage of
impairment in the poorer ear, and the sum of the two divided by six. The final
percentage shall represent the binaural hearing impairment;"
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.