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MARTA v. Reid

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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We granted a writ of certiorari to the Court of Appeals in Reid v. MARTA, 323 Ga. App. 523 746 SE2d 779 2013, and posed this question: Did the Court of Appeals err 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 is the general statute of limitations, OCGA § 34-9-82, rather than the change in condition statute of limitations, OCGA § 34-9-104 b We answer this question affirmatively.

The facts are not in dispute: 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.1 Employer refused the demand, asserting it was time barred.

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