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Lane v. Williams Plant Servs.

An income benefit payment is "actually made" so as to start the running of O.C.G.A. § 34-9-104 subsection b's 2-year statute of limitation when it is mailed to the recipient, rather than when the recipient receives it.

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In this discretionary appeal, Kenneth Lane, Sr. appeals from the superior court order affirming the decision of the Appellate Division of the State Board of Worker’s Compensation “Appellate Division”, which had affirmed the decision of an administrative law judge “ALJ”. Lane contends that the superior court erred by 1 concluding that no legal error resulted from the Appellate Division’s determination that his request to reinstate income benefits was barred by the two-year statute of limitation and 2 in concluding that the Appellate Division did not err by finding that his employer was not liable for additional medical expenses. For the reasons explained below, we affirm in part, reverse in part, and remand this case for additional findings.

In the absence of legal error, the factual findings of the Board must be affirmed by the superior court and by the Court of Appeals when supported by any evidence in the administrative record. Erroneous applications of law to undisputed facts, as well as decisions based on erroneous theories of law, however, are subject to the de novo standard of review.

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