Stephenson v. Roper Pump Co.

An employer's failure to pay income benefits before filing an untimely notice to controvert its employee's workers' compensation claim did not preclude the employer from presenting a statute of limitation defense to the employee's claim.

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This is a discretionary appeal from the affirmance by the superior court of the full board and administrative law judge’s finding that, under OCGA § 34-9-104, the two-year statute of limitation barred Mickey L. Stephenson’s change of condition claim. The affirmance was based on facts that the last payment of income benefits was made on July 10, 1995, for the June 19, 1992 injury to Stephenson’s back and the request for change of condition hearing by him, who no longer worked for the employer, was made on September 28, 2000, but Roper Pump Company, the former employer, did not resume payment of benefits and did not controvert the claim based upon the statute of limitation defense under OCGA § 34-9-104 until June 6, 2001, which was more than 81 days after Stephenson’s request for a hearing under OCGA § 34-9-221. Finding no error, we affirm. Stephenson’s sole enumeration of error is that the trial court erred in finding that OCGA § 34-9-104, rather than OCGA § 34-9-221 h, applied to Stephenson’s request for resumption of his TTD benefits. We do not agree.

On October 15, 1992, notice of benefits payment was given, which benefits were paid voluntarily by the Employer/Insurer. On January 13, 1993, Stephenson returned to work but had a 12 permanent partial injury to the body as a whole. On July 10, 1995, payment of benefits was suspended. The Employer/Insurer had paid 36 weeks of Permanent Partial Disability benefits. All compensation was paid without an award by the Board. On August 18, 1998, Roper Pump requested a mediation hearing with the Subsequent Injury Trust Fund, which was held. Stephenson went to work for Saul’s Machines, where he aggravated his prior condition or received a new injury on September 11, 2000. On September 29, 2000, Stephenson requested a hearing on a Temporary Total Disability against Roper Pump and not Saul’s Machines. Roper Pump did not controvert the claim for additional benefits until June 6, 2001, or pay benefits.

Stephenson v. Roper Pump Co.

An employer's failure to pay income benefits before filing an untimely notice to controvert its employee's workers' compensation claim did not preclude the employer from presenting a statute of limitation defense to the employee's claim.

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