Disability Law

Case Law Update - Williams v. ConAgra - Attorneys filing a Notice of Claim for catastrophic designation should specifically request income benefits if weekly benefits have been suspended

By Jack E. Clay

On January 20, 2009, the Georgia Court of Appeals decided the case of Williams v. ConAgra Poultry of Athens. This case involved the employee seeking catastrophic injury payments pursuant to O.C.G.A. § 34-9-261. This case involved the interplay of the two-year change in condition statute of limitations pertaining to additional income benefits and the catastrophic designation. The Court held that O.C.G.A. §34-9-104 (b) bar the claim for income benefits, even though the claim could be accepted as catastrophic from a medical and rehabilitation standpoint.

This case emphasizes the important point that attorneys seeking catastrophic designation should not, under current law, rely upon seeking catastrophic designation without requesting additional income benefits above and beyond what had been previously paid. In this case, it appears that more than two years elapsed between the time that weekly income benefits were last paid and the time a Notice of Claim was filed requesting catastrophic designation. It is also interesting to note in this case that the State Board of Workers Compensation apparently encouraged the injured worker to file a third application for catastrophic designation after her first two attempts failed. This case illustrates an important point that a catastrophic designation is a degree of separation from weekly income benefits and entitlements to such benefits. The counter argument in this case is that a catastrophic designation, by its nature, offers an injured worker weekly disability benefits for a long period of time into the future, sometimes for life.

If you or a loved one has questions about whether or not your workers compensation claim can be deemed catastrophic under Georgia law, please contact our office at 770-577-2227 for a free and confidential legal consultation. Mr. Clay has handled many catastrophic workers compensation claims throughout Georgia. We welcome your questions and concerns.

Full post as published by Georgia Law Blog on March 15, 2009 (boomark / email).