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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 34. LABOR AND INDUSTRIAL RELATIONS |
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Chapter 9. WORKERS' COMPENSATION |
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Article 6. PAYMENT OF COMPENSATION |
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Part 3. LIMITATIONS ON PAYMENT |
| § 34-9-240. Effect of refusal of suitable employment by injured employee; attempting or refusing to attempt work with restrictions |
| § 34-9-241. Effect of subsequent injury on compensation |
| § 34-9-242. Compensation for injury outside of state |
| § 34-9-243. Effect of payments made when not due; employer credit or reduction for employer funded payments pursuant to disability plan |
| § 34-9-244. Reimbursement of provider of disability benefits to person who subsequently files claim |
| § 34-9-245. Repayment of overpayment by claimant |
REFS & ANNOS
TITLE 34 Chapter 9 Article 6 Part 3 NOTE
JUDICIAL DECISIONS
BENEFITS TERMINATED UPON PROBATION REVOCATION HEARING AND DETERMINATION. --Just as an adjudication of guilt is necessary before benefits may be properly terminated when a claimant is charged with a crime, a probation revocation hearing must be held and a determination made that a probation violation has in fact occurred before a claimant's benefits may be terminated. Where the record evidence, consisting primarily of the claimant's testimony, indicates that such a hearing was never held and that the claimant was simply held on the probation violation until it was determined that the charges against claimant were false, and the basis for revoking claimant's probation evaporated, the claimant was entitled to receive benefits for the entire period of claimant's incarceration. Sargent v. Brown, 186 Ga. App. 890, 368 S.E.2d 826 (1988).
RESEARCH REFERENCES
ALR. --Workers' compensation: incarceration as terminating benefits, 54 ALR4th 241.
BENEFITS TERMINATED UPON PROBATION REVOCATION HEARING AND DETERMINATION. --Just as an adjudication of guilt is necessary before benefits may be properly terminated when a claimant is charged with a crime, a probation revocation hearing must be held and a determination made that a probation violation has in fact occurred before a claimant's benefits may be terminated. Where the record evidence, consisting primarily of the claimant's testimony, indicates that such a hearing was never held and that the claimant was simply held on the probation violation until it was determined that the charges against claimant were false, and the basis for revoking claimant's probation evaporated, the claimant was entitled to receive benefits for the entire period of claimant's incarceration. Sargent v. Brown, 186 Ga. App. 890, 368 S.E.2d 826 (1988).
RESEARCH REFERENCES
ALR. --Workers' compensation: incarceration as terminating benefits, 54 ALR4th 241.