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Mickens v. Western Probation Detention Center5/31/2000
JO-032
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.
The record on appeal reflects that at some point in 1996, Mickens complained of back pain, and in August 1996, Western Probation filed a notice to controvert. On March 3, 1998, Mickens filed a back injury claim, requesting a hearing to determine the compensability of her alleged back injury which she claimed resulted from her fall in 1995.
After a hearing, the ALJ determined that because Mickens had received wages in lieu of compensation through November 20, 1995, she had until November 20, 1997 to submit her back injury claim. The ALJ concluded that because she did not submit the claim until March 3, 1998, it was barred by the statute of limitation period in OCGA § 34-9-82 (a). The appellate division, on the other hand, held that permanent partial disability benefits qualify as "weekly indemnity benefits" under OCGA § 34-9-82 (a). Because Mickens received the last payment of permanent partial disability benefits on March 3, 1997, and filed her claim within two years of that date, the appellate division ruled that the claim was timely filed, reversed the ALJ's award, and remanded the case for a hearing on the merits. The superior court reversed the appellate division and reinstated the ALJ's award without giving any reason for its decision. Mickens appeals, contending that the superior court erred by reversing the appellate division and by not remanding the case to the ALJ.
1. OCGA § 34-9-82 (a) provides The right to compensation shall be barred unless a claim therefor is filed within one year after injury, except that if payment of weekly benefits has been made or remedial treatment has been furnished by the employer on account of the injury the claim may be filed within one year after the date of the last remedial treatment furnished by the employer or within two years after the date of the last payment of weekly benefits.
Mickens contends this Code section does not bar her back injury claim because she filed it within two years after the last payment of permanent partial disability benefits under OCGA § 34-9-263. Western Probation argues that the term "weekly benefits," under OCGA § 34-9-82 (a), refers to only those weekly benefits provided under OCGA §§ 34-9- 261 and 34-9-262, which compensate for income loss. It urges that permanent partial disability benefits are not income benefits, pointing out that permanent partial disability benefits are based on bodily loss and are unavailable so long as the claimant is receiving payments u
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