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Reid v. Metropolitan Atlanta Rapid Transit Auth.

O.C.G.A. § 34-9-104 subsection b's 2-year statute of limitation did not bar the employee's request for the recovery of statutory penalties his employer owed as the result of the employer's failure to pay the employee his workers' compensation benefits in a timely fashion on 12 separate occasions.

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Michael Reid appeals from a decision of the Fulton County Superior Court denying his request for recovery of 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. In denying Reid’s claim, the court below found that Reid was seeking to recover additional workers’ compensation benefits, resulting from a change in condition. The court therefore concluded that Reid’s claim was barred by the two-year statute of limitation found in OCGA § 34-9-104 b. For the reasons explained below, we disagree with the analysis and conclusion contained in the superior court’s order, and we therefore reverse that order.

The parties stipulated to the relevant facts, and those facts are therefore undisputed. Accordingly, because this case involves both the application of the law to undisputed facts and the interpretation of the worker’s compensation statute, we apply a de novo standard of review. See R.R. Donnelley v. Ogletree, 312 Ga. App. 475, 475-476 718 SE2d 825 2011; Trax-Fax, Inc. v. Hobba, 277 Ga. App. 464, 464 627 SE2d 90 2006.

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