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Crossmark Inc. v. Strickland

The Appellate Division correctly upheld ALJ's assessment of attorneys' fees under O.C.G.A. § 34-9-108 b 2 because the employer offered no reasonable grounds for its failure to comply with O.C.G.A. § 34-9-221.

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The employer Crossmark, Inc., and its insurer American Casualty Company of Reading, Pennsylvania “Crossmark” appeal a superior court order affirming an award of benefits in this workers compensation case. For the reasons that follow, we affirm. This is the second time we have considered this claim on appeal. In Strickland v. Crossmark , 298 Ga. App. 568, 570-571 1 680 SE2d 606 2009, we held that the superior court lacked jurisdiction to review an order by the Appellate Division of the State Board of Workers’ Compensation remanding a claim to the administrative law judge “ALJ”. The case was returned to the ALJ, who found invalid the employer’s notice of its intention to controvert the employee’s claim and awarded the employee continued benefits and attorney fees. The Appellate Division and superior court affirmed, and this court granted the employer’s application for discretionary review. For the reasons discussed below, we affirm.

As established in the record, Mary Ann Strickland began receiving benefits after reporting an injury, but her employer, Crossmark, then terminated the benefits and filed a notice of its intention to controvert the claim. At the initial hearing, the parties stipulated that Crossmark had timely notice of the claim, that it had paid Strickland temporary total disability benefits for a time, and that Strickland had controverted the claim.

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