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Harrison v. Deming, Parker, Hoffman, Green & Campbell PC

The meaning of O.C.G.A. § 34-9-100 c, which states that an application for a workers' compensation hearing is automatically dismissed if no hearing is conducted within five years, is not so widely recognized that an attorneys' failure to comply with the statute will support a legal malpractice action.

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This appeal requires us to determine whether the meaning of OCGA § 34-9-100 c was so “well settled, clear, and widely recognized” within the meaning of Jones, Day, Reavis & Pogue v. American Envirecycle, 217 Ga. App. 80, 83 2 456 SE2d 264 1995 and Littleton v. Stone, 231 Ga. App. 150, 151-152 1 497 SE2d 684 1998, that a failure to comply with the statute will support an action for legal malpractice. We find that the trial court correctly concluded it was not, and we affirm the judgment below.

Brenda Harrison brought this legal malpractice action against the law firm Deming, Parker, Hoffman, Green and Campbell, P.C., “Deming, Parker” and two of its attorneys, based upon their representation of her in a workers’ compensation case1 . Harrison alleged that as a result of Deming, Parker’s professional negligence in failing to pursue her workers’ compensation case in a timely manner, she has lost her right to a hearing and consequently has essentially lost her claim.

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