Abdul-Hakim v. Mead Sch. & Office Prods.

Some evidence supported the appellate division's determination that the employer timely paid a workers' compensation award in compliance with the parties' settlement agreement.

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Pursuant to this Court’s grant of his application for discretionary appeal,1 Jamaal Abdul-Hakim appeals from a superior court order affirming a decision by the appellate division of the State Board of Workers’ Compensation “board”.2 The appellate division of the board had affirmed a ruling by an administrative law judge “ALJ” which denied Abdul-Hakim’s petition for a late-payment penalty on his workers’ compensation award. Finding no error, we affirm. The issue on appeal is whether the superior court erred in affirming the board’s determination that Abdul-Hakim was not entitled to a late-payment penalty award of 20 percent of his workers’ compensation award. Abdul-Hakim contends that he was entitled to the penalty award because his employer and insurance carrier hereinafter, collectively referred to as “Mead” failed to timely pay a workers’ compensation award in accordance with the applicable code sections, the rules of the workers’ compensation board, and the terms of a settlement agreement between the parties.

The relevant statute is OCGA § 34-9-221 f, which reads in part, “if income benefits payable under the terms of a workers’ compensation award are not paid within 20 days after becoming due, there shall be added to the accrued income benefits an amount equal to 20 percent thereof.” According to State Board of Workers’ Compensation Rule 221 a,3 employers should “mail or deliver payment to the address specified by the employee or the address of record. The payment shall be considered paid when postmarked and mailed within the State of Georgia.”

Abdul-Hakim v. Mead Sch. & Office Prods.

Some evidence supported the appellate division's determination that the employer timely paid a workers' compensation award in compliance with the parties' settlement agreement.

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