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A Helpful Statute of Limitations Case

Many of our previous blog articles have discussed the unfairness of some cases barring claims made by injured workers based on a statute of limitations.  Some of these cases prevent injured workers from getting workers’ compensation benefits they should receive.

In a 2015 case from the Georgia Court of Appeals, an employer tried to argue once again that an injured worker should not receive benefits.  Fortunately, the Court of Appeals did not buy the employer’s argument.

The facts of the Court of Appeals case

Mr. Barnes was horrifically injured when he fell through a rotten floor at work and landed in an augur.  His left leg was cut off below the knee.  Despite this horrible injury, Mr. Barnes returned to work and continued working for his employer.  After some time, he was placed in a position that further injured his leg.  Eventually, his employer laid him off.  Mr. Barnes contacted the workers’ compensation insurance company about starting to pay him workers’ compensation benefits, but they refused to do so.

Mr. Barnes requested a hearing to get his workers’ compensation benefits started.  His case ended up at the Georgia Court of Appeals because the State Board of Workers’ Compensation held that his case was barred by two statutes of limitations (O.C.G.A. 34-9-82 and O.C.G.A. 34-9-104).

The decision of the Court of Appeals

The Georgia Court of Appeals reversed the State Board’s decision on both statutes.  Unfortunately, since this article was originally published, the Georgia Supreme Court reviewed the Court of Appeals decision and overturned it.  Find out about the Georgia Supreme Court’s decision and how it harms catastrophically injured workers in this article.

What if I have other questions about workers compensation?

Georgia’s workers compensation system can be very confusing.  You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits.

If you have questions, I would recommend that you try to get answers.  To find out more about how to schedule a time to talk to me about your workers compensation questions, just read this short article.

Jason Perkins is an attorney who specializes in representing injured workers.  He regularly publishes videos and write blog articles about Georgia’s workers compensation system and issues that are important to injured workers and their families. To be notified of Jason’s new workers compensation videos, subscribe to his Georgia Workers Compensation Video Series channel on YouTube by clicking the subscribe button below.

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Jason Perkins

Workers' Compensation Attorney

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