Compensation Where Death or Disability Caused by Nonwork Related Injury

1. Law
2. Georgia Code
3. Labor and Industrial Relations
4. Workers' Compensation
5. Payment of Compensation
6. Medical Attention
7. Compensation Where Death or Disability Caused by Nonwork Related Injury

1. No compensation shall be payable for the death or disability of an employee if his or her death is caused by or, insofar as his or her disability, may be aggravated, caused, or continued by a subsequent nonwork related injury which breaks the chain of causation between the compensable injury and the employee's disability.
2. It is the intent of the General Assembly that this Code section codify existing case law.

(Ga. L. 1920, p. 167, § 28; Code 1933, § 114-503; Ga. L. 1998, p. 1508, § 5.)

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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