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SUPREME COURT OF GEORGIA / 2016-01-22

Industrial injury and loss-of-dependency payments

For what period can a dependent recover support lost as a result of an occupational injury and subsequent death?

Case№ ას-789-746-2015Decided2016-01-22Read judgment
THE TAKEAWAY

What the court clarified

The court examined the duration of dependency support, including how long the deceased worker would otherwise have been expected to provide it.

THE LEGAL QUESTION

For what period can a dependent recover support lost as a result of an occupational injury and subsequent death?

PRACTICAL USE

Prepare a chronology of injury, employment, death, dependants’ age and amounts already paid. Compare the legislation applicable in each historic period and separate arrears calculations from any continuing duty.

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01 / ANALYSIS

Material facts

An employee sustained an occupational injury in 1972, lost working capacity and died in 1990. His spouse later sought to recalculate support based on more recent pay scales, including arrears and ongoing monthly amounts.

02 / ANALYSIS

Court reasoning and holding

Civil Code article 1006 required the court to ask how long the breadwinner would otherwise have had a legal duty to support dependants. The analysis included historical retirement ages and realistic working capacity, not simply later salary increases or indefinite continuation.

03 / ANALYSIS

Practical application: what to examine

Prepare a chronology of injury, employment, death, dependants’ age and amounts already paid. Compare the legislation applicable in each historic period and separate arrears calculations from any continuing duty.

04 / ANALYSIS

Limits of the precedent

The claim arose from facts spanning the 1970s–1990s and the labor law then in force.

LEGAL FRAMEWORK

Provisions considered by the court

Civil Code article 1006

Historic provisions cited by the court may differ from present law. Consult the official legislative gazette for the current text. matsne.gov.ge

PRIMARY DOCUMENT / PDF

Read the primary decision

The note is grounded in a published Supreme Court explanation and decision. Review the full document when checking its reasoning, procedural outcome and factual context.

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