October 26, 2009

The Effect Weekly Benefits, Remedial Treatment and Estoppel Have on the All Issues Statute of Limitation

O.C.G.A. 34-9-82(a) states '[t]he right to compensationn 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"

If no income benefits are paid or remedial treatment provided, the application of the rule is straight forward. However, when medical benefits are furnished or income benefits paid, issues arise concerning the date the clock begins running for a a claimant to file a timely claim. Those issues include what constitutes remedial treatment and weekly benefits. Read the full article.

by Christina J. Bevill and Benjamin I. Jordan
David and Rosetti, LLP
Workers' Compensation Defense Attorneys in Atlanta, Georgia

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.