Tara Foods and Sedgwick CMS hereinafter collectively “Tara Foods” appeal after we granted their application for discretionary review. The application sought review of the superior court’s order reversing a decision by the Appellate Division of the State Board of Workers’ Compensation. Tara Foods contends the superior court committed legal error in finding that Beverly Johnson made an application for catastrophic designation of her compensable injury within the statutory time frame set out in OCGA § 34-9-104 b. Both the administrative law judge and the Appellate Division found that Johnson’s claim for catastrophic designation was barred by the statute of limitations, which requires an “application” to be filed within two years of the last payment of income benefits. OCGA § 34-9-104 b. The superior court reversed, finding Johnson made a proper application for catastrophic designation under the statute. Because we find that the ALJ and the Appellate Division correctly interpreted the applicable statute of limitation, we reverse. Our review in this case is governed by the principle that “erroneous applications of law to undisputed facts, as well as decisions based on erroneous theories of law, are subject to the de novo standard of review.” Citations and punctuation omitted. Trent Tube v. Hurston , 261 Ga. App. 525 583 SE2d 198 2003. See also Rite-Aid Corp. v. Davis , 280 Ga. App. 522, 523 1 634 SE2d 480 2006.
The facts in this case are undisputed. On November 30, 1992, Johnson sustained a work injury to her neck, which Tara Foods accepted as compensable. Johnson received income benefits arising from this injury. The last benefit was paid August 28, 2001. In November 2002, Johnson filed a WC-14 form. The form included three options: “notice of claim,” “request for hearing,” and “request for mediation.” Johnson marked the box beside “notice of claim.” She also indicated by checking the appropriate line that she was not requesting a hearing. In addition, she checked a line reading, “Add additional issues see reverse.” On the reverse of the form, Johnson checked the box next to “income benefits” and wrote “TTD1 from 8-28-01 for catastrophic designation.” But because Johnson did not request a hearing, no hearing was scheduled and no action was taken with regard to this form.
