Title 34, Chapter 9, Section 164
( 34-9-164)
(a) Each member shall pay into the fund its share of the fund's
projected obligation for workers' compensation liability,
administrative expenses, and other costs incurred by the fund as may
be determined by the board of the fund or by the fund's
administrator and approved by the board of the fund, all in
accordance with this article. The share shall be adjusted by the
board of the fund according to the claims experience of each
participating member in accordance with criteria set forth in the
bylaws of the fund. The premium for each year shall be paid by each
member at the beginning of each fund year unless otherwise provided
for under the intrastate agreement or under a payment plan developed
by the board of the fund and submitted to and approved by the
Commissioner. The board of the fund shall make payments to the
employees of the members out of the fund for workers' compensation
benefits pursuant to and in accordance with the claims procedures
set forth in this chapter; and the board of the fund shall determine
what, if any, dividends or assessments shall be paid to or levied
against the participating members of the fund. (b) The board of each fund shall establish and implement a loss
prevention and loss control program for each member of the fund. (c) Each member of the fund shall be jointly and severally liable
for all legal obligations of the fund, including, but not limited
to, any obligations of the fund to pay claims against the fund
arising out of any occurrence, incident, or accident covered under
this chapter. (d) Each fund shall be treated as a self-insurer for the purposes of
Article 9 of this chapter. (e) Each fund shall be liable under Code Section 34-9-63 for its share of the expenses of the State Board of Workers' Compensation and, for the purposes of that Code section only, it shall be treated as though it were an insurer. (f) Each fund may sue and be sued in its own name. Service of
process shall be perfected upon the fund by serving its registered
Georgia agent for service of process or by otherwise serving the
fund in accordance with the laws of this state. |