BELL v. GILDER TIMBER COMPANY Et Al.
337 Ga. App. 47
| Ga. Ct. App. | 2016Background
- In January 1992 Bell suffered a compensable neck injury while working for Gilder and underwent cervical fusion in February 1992; he received temporary total disability (TTD) benefits for ~4 months and then returned to work.
- Bell worked until retiring in 2009 but had ongoing neck pain and ultimately had a second surgery in September 2013 that the Board found was related to the 1992 injury.
- After the 2013 surgery, Bell’s doctor assigned a 15% permanent partial disability (PPD) rating. Bell filed for PPD income benefits in November 2014.
- The State Board denied the 2014 PPD claim as barred by OCGA § 34-9-104(b)’s four-year limitations period measured from the last TTD/TPD payment (1992). The appellate division and the superior court affirmed.
- Bell asked this Court to recognize an exception or toll the four-year limitation because the PPD resulted from the original compensable injury despite the elapsed time. The Court declined to create an exception and affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCGA § 34-9-104(b)’s 4‑year limit bars Bell’s 2014 PPD claim arising from a 1992 compensable injury | The statute should be tolled or an exception created because the 2013 surgery and resulting PPD relate back to the 1992 injury; denying relief is harsh and inequitable | The statute’s plain text bars PPD claims filed more than four years after the last TTD/TPD payment; no judicially created exception is authorized | Held for defendant: statute unambiguous; courts cannot engraft exceptions; claim barred |
Key Cases Cited
- Laurens County Bd. of Educ. v. Dewberry, 296 Ga. App. 204 (discussing standard of review for Board findings)
- Mechanical Maintenance, Inc. v. Yarborough, 264 Ga. App. 181 (courts may review legal errors but not reweigh factual findings of the Board)
- Deal v. Coleman, 294 Ga. 170 (interpret statutes by their plain and ordinary meaning)
- In re L.T., 325 Ga. App. 590 (where statutory language is plain, apply its natural construction)
- Harrison v. Holsenbeck, 208 Ga. 410 (courts may not engraft exceptions onto statutes of limitation)
- Unified Government of Athens-Clarke County v. Athens Newspapers, LLC, 284 Ga. 192 (policy-based changes to statutory time limits are for the legislature)
- Turner v. Georgia River Network, 297 Ga. 306 (courts must not force outcomes the legislature did not authorize)