Disability Law

Georgia Workers' Compensation Claimant is Barred by Statute of Limitations from Seeking Additional Income Benefits Despite Employer/Insurer?s Failure to File Form WC-2

By Jack E. Clay

On June 27, 2008 the Georgia Court of Appeals decided the case of United Grocery Outlet et al v. Bennett, 2008 Ga. App. Lexis 772. In this case, a claimant was paid workers? compensation benefits in the form of temporary total disability benefits. The employer stopped paying the benefits and failed to file a Form WC 2. More than two years lapsed from the last date the claimant was paid temporary total disability benefits until the time she sought additional income benefits. As I have previously discussed in other articles, the statutes of limitations under Georgia workers? compensation law can be confusing and need to be carefully analyzed.

O.C.G.A. § 34-9-104(b) states that a claimant must file a claim for additional weekly income benefits within two years from the last payment of such income benefits if the worker is seeking additional weekly benefits. The Court of Appeals was very clear in this case in holding that, despite the fact that a Form WC 2 was not filed telling the employee that her income benefits were suspended, she was barred by the statute of limitations.

This decision is bad for claimants. This case represents a philosophy on behalf of the Georgia Court of Appeals to strictly adhere to statutes of limitation in the workers? compensation arena. It is also interesting to note that the law requires that an employer file a Form WC¬ 2 when commencing or suspending weekly income benefits. However, the Court of Appeals rationalized that this is not a reason to extend the statute of limitations. In sum, the Court of Appeals found that, ??we find no grounds for delaying or extending the statute of limitations based upon such non compliance.? I believe that the filing of a Form WC-2 and notice to the employee is essential in workers? compensation cases. Injured workers should be informed that their weekly workers? compensation checks are being suspended and the reason behind the suspension. This case is also bad for the injured worker as a person hurt on workers? compensation can get his or her weekly benefits cut off, continue to receive medical care paid by the Employer/Insurer, and be time-barred if they later seek weekly benefits due to a worsening in their medical condition or an economic condition. Next, this case sub-verses what is commonly referred to as the notice requirement, depriving an employee of notice of suspension of income benefits so they may make a decision as to what rights they need to pursue.

Injured workers, untrained in the nuisances of the law, may not understand the significance of certain types of benefits. For example, many mix-up temporary total disability benefits (TTD) with permanent partial disability benefits (PPD). The Georgia Supreme Court also denied cert in this case recently.

If you or a friend has been injured at work and face confusion about what rights to which you are entitled, please call my office for a free no-obligation consultation.

Full post as published by Georgia Law Blog on December 02, 2008 (boomark / email).