Meredith v. Atlanta Intermodal Rail Servs.

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 defenses to the employee's claim.

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In this workers’ compensation case, the employer filed a notice to controvert the employee’s claim more than 21 days after learning about the injury. We granted certiorari to consider whether the employer was precluded from raising a defense to the employee’s claim for benefits because it filed its late notice to controvert without paying benefits. Based on OCGA § 34-9-221 and the case law interpreting it, we hold that the employer’s failure to pay income benefits to the employee before filing a notice to controvert that is untimely under OCGA § 34-9-221 d does not bar the employer from raising defenses to the employee’s claim for benefits. Because the employer here was not precluded as a matter of law from presenting its defenses and the evidence supports the findings in the administrative proceeding that the employee did not sustain an injury during the course of his employment, we affirm the trial court’s denial of benefits.

James Meredith claimed that he was injured while working as a trailer mechanic for Atlanta Intermodal Rail Service, which repairs railroad and trucking company trailers and containers. He filed a notice of claim with the State Board of Workers’ Compensation seeking temporary total disability income benefits, medical benefits, and attorney fees. The employer and its insurer filed the employer’s first notice of injury on May 10, 1999, and filed the initial notice to controvert on June 17, 1999, more than 21 days after learning about the employee’s injury. In an additional notice filed on July 15, 1999, the employer contended that Meredith did not suffer an injury arising out of or in the course of his employment. The employer did not pay any benefits to the employee before challenging his claim.

Meredith v. Atlanta Intermodal Rail Servs.

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 defenses to the employee's claim.

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