Workers’ Compensation Alert: Georgia Supreme Court Reverses Court of Appeals Decision on Statute of Limitations for Penalties Under O.C.G.A. § 34-9-221
Workers' Compensation Alert: Georgia Supreme Court Reverses Court of Appeals Decision on Statute of Limitations for Penalties Under O.C.G.A. § 34-9-221
On September 22, 2014, the Supreme Court of Georgia reversed the Court of Appeals and ruled that late payment penalties under O.C.G.A. § 34-9-221 are subject to O.C.G.A. § 34-9-104(b)'s two-year change in condition statute of limitations.
Mike Bagley was retained by MARTA following the adverse Court of Appeals' decision. Along with Benson Ward and John Blackmon, they prevailed before the Georgia Supreme Court, thus preventing potentially tens of thousands of closed claims from being revived for further litigation.
The decision is MARTA v. Reid, S13G1812, 2014 WL 4667485.
If you have specific questions regarding this decision or how it might affect your business, please contact any of the members of Drew Eckl and Farnham's Workers' Compensation Team.