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Baugh-Carroll v. Hospital Auth. of Randolph County

Claimant's former employer waived its statute of limitation defense under O.C.G.A. § 34-9-104 by failing to assert that defense prior to its superior court appeal of the workers' compensation award.

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We granted this discretionary appeal to review whether the superior court erred by reversing a workers’ compensation award. At issue is whether the superior court failed to defer to an explicit factual finding that the employer/self-insurer had waived a possible defense to its former employee’s claim for disability income benefits. After review, we find that the employer/self-insurer waived any defense that could otherwise have been asserted under OCGA § 34-9-104, and, therefore, we reverse.

Felicia Baugh-Carroll was employed by the Hospital Authority of Randolph County d/b/a Joe-Anne Burgin Nursing Home from 1987 until 1998. In 1992, she sustained a compensable injury to her right knee, underwent arthroscopic surgery, and obtained temporary total disability benefits from January 29, 1992, through March 21, 1992. Baugh-Carroll, a nurse’s aide, went back to the nursing home to do a light duty assignment, which was largely sedentary. She remained under the care of an orthopedic surgeon who performed a second right knee arthroscopic procedure in June 1997. Baugh-Carroll returned to an approved light duty position on July 14, 1997, and did not receive temporary total disability benefits after that date. In March 1998, for personal reasons, she resigned from the nursing home and relocated to Florida.

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