Section 34-9-244. Reimbursement of provider of disability benefits to person who subsequently files claim

   (a) Any party to a claim under this chapter, a group insurance company, or other disability benefits provider who provides disability benefits for a person who subsequently files a claim under this chapter may give notice in writing to the board at any time during the pendency of the claim that such provider is or should be a party at interest as a result of such disability benefits paid to the employer.

(b) In cases where a group insurance company or other disability benefits provider pays disability benefits to a person pursuant to an employer paid plan who subsequently files a claim and is entitled to benefits under this chapter, the board shall be authorized to order the employer or its workers' compensation insurance carrier to repay the group insurance company or other disability benefits provider the funds it has expended for such disability benefits and take credit for that amount against income benefits due under this chapter, provided that:

   (1) Such employer or its workers' compensation insurance carrier is liable under this chapter for income benefits;

   (2) Such other provider has become or should be a party at interest pursuant to the provisions of subsection (a) of this Code section; and

   (3) The disability benefits paid are pursuant to a plan funded in whole or in part by the employer or workers' compensation carrier.

Code 1981, § 34-9-244, enacted by Ga. L. 1990, p. 1409, § 13.