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Reid v. Metropolitan Atlanta Rapid Transit Auth.

The 2-year change in condition statute of limitation found in O.C.G.A. § 34-9-104 subsection b barred the employee's claim seeking to recover statutory penalties for late benefit payments in his workers' compensation case.

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This case involves an attempt by Michael Reid to recover statutory penalties owed by his employer, the Metropolitan Atlanta Rapid Transit Authority “MARTA”, as a result of MARTA’s failure to pay Reid his workers’ compensation benefits in a timely fashion. The trial court denied this request, finding that Reid was seeking to recover additional workers’ compensation benefits resulting from a change in condition, and that his claim was therefore barred by the two-year statute of limitation found in OCGA § 34-9-104 b. In Reid v. Metropolitan Atlanta Rapid Transit Authority, 323 Ga. App. 523 746 SE2d 779 2013, this Court reversed the trial court’s ruling, finding that Reid’s claim did not result from a change in condition and that therefore the claim was not time-barred. The Supreme Court of Georgia reversed that decision in Metropolitan Rapid Transit Auth. v. Reid, 295 Ga. 523 763 SE2d 695 2014. We therefore vacate our earlier opinion, adopt the Supreme Court’s opinion as our own, and affirm the judgment of the trial court.

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