Georgia Institute of Technology v. Gore
| Decision Date | 23 June 1983 |
| Docket Number | No. 65962,65962 |
| Citation | 306 S.E.2d 338,167 Ga.App. 359 |
| Parties | GEORGIA INSTITUTE OF TECHNOLOGY et al. v. GORE. |
| Court | Georgia Court of Appeals |
Michael J. Bowers, Atty. Gen., Robert S. Stubbs, II, Executive Asst. Atty. Gen., Wayne P. Yancey, Asst. Atty. Gen., B. Dean Grindle, Jr., Sp. Asst. Atty. Gen., for appellants.
Gilbert H. Deitch, Gerald B. Kline, Atlanta, for appellee.
Workers' Compensation; Statute of Limitation. We granted appellants' application for discretionary review in order to consider the novel issue of statutory construction presented. The sole issue is, given that the employee/appellee failed to file a claim for workers' compensation benefits within one year after the date of his employment-related injury, whether the admitted failure of the employer/appellant to maintain and post a panel of physicians renders, for statute of limitation purposes, medical treatment received by the employee on account of the injury to be remedial treatment furnished by the employer.
The applicable statute of limitation provides: "The right to compensation shall be barred unless a claim therefor is filed within one year after injury, except that if ... 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...." OCGA § 34-9-82(a) (formerly Code Ann. § 114-305(a)). OCGA § 34-9-201(b) () provides: OCGA § 34-9-201(e) (formerly Code Ann. § 114-504(d)) then provides: "If the employer fails to maintain the panel of physicians ... an employee may select any physician to render service at the expense of the employer."
The Board held: "Code § 114-504(d) subjects the employer to liability for all medical expenses related to the injury for failure to maintain a panel of physicians, payment of which expenses constitute 'furnished' remedial treatment within the meaning of Code § 114-305(a)." Stated otherwise, if an employer fails to maintain the required panel of physicians, as did the employer/appellant here, the medical treatment received by an...
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Camp v. Coweta County
...S.E.2d 761 (1978). See also City of Atlanta v. Miller, 256 Ga.App. 819, 820(1), 569 S.E.2d 907 (2002); Ga. Institute of Technology v. Gore, 167 Ga.App. 359, 359-360, 306 S.E.2d 338 (1983). Because OCGA § 50-21-35 uses "shall" regarding service on the Attorney General, we conclude that it is......
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...see generally Mackey v. Lanier Collection Agency, 178 Ga.App. 467, 468-469(1), 343 S.E.2d 492 (1986); Georgia Institute of Technology v. Gore, 167 Ga.App. 359-360, 306 S.E.2d 338 (1983), in the absence of any enforcement by appellants of their dissenter's rights pursuant to OCGA § 14-2-251,......
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...(1978). See also City of Atlanta v. Miller, 256 Ga.App. 819, 820(1), 569 S.E.2d 907 (2002) (Barnes, J.); Ga. Institute of Technology v. Gore, 167 Ga.App. 359-360, 306 S.E.2d 338 (1983). In 1999, as a response to the death of Heidi Flye and her two small children in an automobile accident in......
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