Work Based Learning Students Covered Under Workers' Compensation Insurance

1. Law
2. Georgia Code
3. Labor and Industrial Relations
4. Workers' Compensation
5. Payment of Compensation
6. Medical Attention
7. Work Based Learning Students Covered Under Workers' Compensation Insurance

1. As used in this Code section, the term:
   1. "Work based learning placement" or "placement" shall have the same meaning as in Code Section 34-9-430.
   2. "Work based learning student" or "student" shall have the same meaning as in Code Section 34-9-430.
2. Notwithstanding the provisions of paragraph (2) of Code Section 34-9-1:
   1. A work based learning student in a paid work based learning placement for an employer shall be deemed an employee of such employer for purposes of workers' compensation coverage; and
   2. A work based learning student in an unpaid work based learning placement for an employer shall be deemed an employee of such employer for purposes of workers' compensation coverage unless all of the following conditions apply:
      1. The placement, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
      2. The placement is for the benefit of the student;
      3. The student does not displace regular employees, but works under close supervision of existing staff;
      4. The employer that provides the training derives no immediate advantage from the activities of the student; and on occasion its operations may actually be impeded;
      5. The student is not necessarily entitled to a job at the conclusion of the placement; and
      6. The employer and the student understand that the student is not entitled to wages for the time spent in the placement.

(Code 1981, §34-9-2.4, enacted by Ga. L. 2016, p. 207, § 3/HB 402.)

Editor's notes.

- Ga. L. 2016, p. 207, § 1/HB 402, not codified by the General Assembly, provides that: "The General Assembly finds that it would be beneficial to students, employers, and the economic health of the state to assist in providing highly trained, technologically sophisticated, and career oriented students which will aid in the development of a successful twenty-first century work force. By opening their doors to work based learning opportunities, employers can play an active role in shaping the quality of their future work force, by preparing potential leaders for their company and their community, and by helping shape future curriculum to create an educated work force for their industry as a whole. Work based learning programs can provide students the opportunity to work and learn in a real-world environment and prepare them for future career opportunities. Such work based learning opportunities can be accomplished by developing partnerships between and among the business community, industry, students, parents, school systems, and postsecondary education institutions."

Former Code Section34-9-2.4, pertaining to workers' compensation coverage for persons performing voluntary services for Olympic games was repealed by Ga. L. 1995, p. 852, § 1, effective December 31, 1997. The former Code section was based on Code 1981, § 34-9-2.4, enacted by Ga. L. 1995, p. 852, § 1.

Law reviews.

- For review of 1998 legislation relating to labor and industrial relations, see 15 Ga. St. U.L. Rev. 185 (1998).

JUDICIAL DECISIONS

New injury unrelated to prior work injury.

- Superior court erred by reversing the State Board of Workers' Compensation's finding that an employee's torn knee ligament was a non-compensable new injury under O.C.G.A. § 34-9-204 resulting solely from a four-wheeler incident at the employee's home and was not caused by a prior injury occurring during the employee's job as a high risk warrant server because there was some evidence to support the finding including the employee's testimony that the pain suffered at the time of the four-wheeler incident was different from the employee's previous pain. Lowndes County Bd. of Comm'rs v. Connell, 305 Ga. App. 844, 701 S.E.2d 227 (2010).

RESEARCH REFERENCES

ALR.

- Social security: right to disability benefits as affected by refusal to submit to, or cooperate in, medical or surgical treatment, 114 A.L.R. Fed. 141.

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