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New Statute of Limitations Case Bars Additional Benefits2 minute read

The Georgia Court of Appeals recently issued an opinion regarding what is commonly known as the change in condition statute of limitations.  As we discussed in an earlier blog article on statutes of limitations, the change in condition statute of limitations provides a deadline for applying for and receiving additional temporary total disability and temporary partial disability benefits.  In Georgia workers’ compensation cases, this deadline is two years from the last time that payment of temporary total or temporary partial disability benefits was made.  Once this deadline runs, an injured worker usually cannot get more temporary total or temporary partial disability benefits.

Facts of Court of Appeals case barring additional benefits

The new case from the Court of Appeals discussing the change in condition statute of limitations is Lane v. Williams Plant Services.  In this case, a check paying temporary total disability benefits was mailed on March 9, 2010.  On March 13, 2012, the injured worker requested a hearing seeking payment of additional temporary total disability benefits.  The question that the Court of Appeals had to decide was when the last payment was “actually made” because the two year deadline starts running on that date.

The Georgia State Board of Workers’ Compensation and the Court of Appeals determined that the payment of temporary total disability benefits was actually made on March 9 when the insurance company issued a check.  This meant that it had been more than two years since the last payment of benefits was actually made.  Because of this determination, Mr. Lane’s application for additional benefits was time-barred.  It no longer mattered how good his case was.  He was not even given the chance to demonstrate that he should receive additional temporary total or temporary partial disability benefits because he was four days late.

Avoiding statute of limitations problems in workers’ compensation cases

Lane v. Williams Plant Services demonstrates the dangers of statutes of limitations.  Even though it was probably less than two years since Mr. Lane had received his last check, the Court of Appeals’ determination that the statute of limitations started running when the check was mailed meant that Mr. Lane missed the deadline by four days and cannot receive any additional temporary total or temporary partial disability benefits.  This result is very harsh.  It demonstrates why it is so important to be aware of the different deadlines in your case.  Also, be sure to talk to an attorney sooner rather than later if you have any questions.  Three attorneys at our firm specialize in workers’ compensation.  A free consultation with one of them can help ease your concerns about your case.  If you would like to set up a free consultation, simply call the phone number or complete the “Need Help” form on the right side of this page.

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.

Brittney-lee orourkeBrittney-lee orourke
05:23 18 Feb 22
Amazing! Jason and his team were very helpful and had the best communication by far. Walked me though every step with great detail and had answers for any question I had. They handled my case better then I could imagine, it was a weird case and they stayed on top of it and kept me updated every step of the way! Highly recommend this Team! Thanks so much to Jason and his Awesome team!-Brittney
China JonesChina Jones
18:58 08 Feb 22
I absolutely love this group of attorneys, when I was at my lowest they did everything they could to help me get justice for my injury. I believe if I were to have never picked my phone up and called the amazing group that helped me I definitely would not have received my idea of rights. If you have an issue and are just not sure please understand that they will help you, stay in contact, answer any question you have, and for sure get you the justice you deserve I thank them from the bottom of my heart and I will definitely refer them to anyone who has been hurt because they most definitely care about their work and clients.
Luv LocsLuv Locs
16:08 15 Jan 22
The entire law office was attentive and responsive to all of my concerns dealing with my workers compensation case.
moombimoombi
21:14 02 Jan 22
If you must get a lawyer involved, you’d do well to work with Jason Perkins and his team at Perkins Studdard Law.They were thorough in gathering information and in sharing all the steps in the workers comp process specific to my case. Jason and the team were responsive to my bevy of questions and concerns.I appreciated the informative videos and consultations provided by Jason over video meetings and multiple phone calls.I hope I’m never injured on the job again. However, if I am and if my employer responds as my previous employer did, I’ll contact Perkins Studdard Law immediately to handle the case.
Dana BessDana Bess
23:57 10 Dec 21
Everyone at Perkins Studdard was kind and professional. They were always extremely responsive and answered all questions that I had and followed up to make sure I had an understanding of what was going on along with emailing videos to explain every step of my case so I would know what to expect and be prepared. Jason is a very genuine person and I trusted him with my case. He answered so many questions for me even before I retained him as my WC lawyer. I highly recommend him and his associates at Perkins Studdard.
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