Marta v. Reid
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Following an injury in October 1999, Employee filed a claim for workers’ compensation benefits. Shortly thereafter, Employer began paying the first of 32 payments of temporary total disability benefits. Twelve of the payments were untimely under the terms of the workers’ compensation statute. Employee returned to work in June 2002 and his benefits were suspended at that time. Nearly eight years later, employee demanded payment of the statutory penalties due on the 12 late payments. Employer refused the demand, asserting it was time barred. Employee sought a hearing and an order requiring employer to pay the penalties. The administrative law judge determined employee’s claim was a “change in condition” claim under OCGA 34-9-104, and, therefore, barred under the two-year limitation period set forth in OCGA 34-9-104 (b). The Appellate Division of the State Board and the superior court agreed. The Court of Appeals granted employee’s application for discretionary review and reversed the judgment of the superior court, finding employee’s claim for statutory penalties was not governed by any limitation period and, therefore, was not time barred. The question presented for the Supreme Court's review was whether the Court of Appeals erred in holding that the proper statute of limitations for a claim of statutory penalties for late benefits payments in workers’ compensation cases under OCGA 34-9-221 was the general statute of limitations, OCGA 34-9-82, rather than the change in condition statute of limitations, OCGA 34-9-104 (b). The Court answered that question in the affirmative.
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