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Mickens v. Western Probation Detention Ctr.

Claimant had two years from last payment of permanent partial disability benefits to file her workers' compensation claim since O.C.G.A. § 34-9-82 a does not specify the type of weekly benefit that extends the statute of limitation to two years.

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We granted Carol L. Mickens’ application for discretionary appeal in this workers’ compensation case to determine whether “weekly benefits” under OCGA § 34-9-82 a include permanent partial disability benefits paid pursuant to OCGA § 34-9-263 so as to extend the statute of limitation period for filing a claim to two years after the date of the last such payment. Because we conclude that the plain language of OCGA § 34-9-82 a includes such benefits, we reverse the superior court’s judgment, reinstate the appellate division’s decision that Mickens’ workers’ compensation claim is not time barred, and remand the case to the superior court with direction that it remand the case to the State Board of Workers’ Compensation for a decision on the merits.

Mickens injured her left leg on October 31, 1995, when she fell at her place of employment, Western Probation Detention Center. Western Probation paid her wages in lieu of benefits until she returned to work on November 20, 1995. She received medical treatment for this injury through July 29, 1996. Mickens was assigned a five percent disability rating to her ankle, then received permanent partial disability benefits on a weekly basis through March 3, 1997.

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