KOOL SMILES/NCDR, LLC v. HANSEL GONZALEZ
342 Ga. App. 503
| Ga. Ct. App. | 2017Background
- In 2005 Gonzalez suffered a compensable workplace injury classified as catastrophic and received temporary total disability benefits.
- In 2015 the parties sought an ALJ hearing: Kool Smiles requested a change of physician; Gonzalez sought additional treatment and attorney fees for Kool Smiles’s allegedly unreasonable defense.
- On October 18, 2015 the ALJ denied Kool Smiles’s change-of-physician request, granted Gonzalez additional treatments, and awarded attorney fees to Gonzalez.
- The full State Board of Workers’ Compensation (the Board) heard an appeal and on March 4, 2016 upheld the ALJ on the physician and treatment issues but reversed the award of attorney fees.
- Gonzalez timely appealed the Board’s decision to the Gwinnett County Superior Court; the hearing occurred August 1, 2016, but the superior court did not enter its order reversing the Board until August 31, 2016.
- Kool Smiles appealed, arguing the superior court’s late entry was a nullity because OCGA § 34-9-105(b) requires the superior court’s order to be entered within 20 days of the hearing or the Board’s award is affirmed by operation of law.
Issues
| Issue | Gonzalez's Argument | Kool Smiles's Argument | Held |
|---|---|---|---|
| Whether the superior court lost jurisdiction by failing to enter its order within 20 days under OCGA § 34-9-105(b) | Superior court order should stand despite delay; sought reversal of Board on attorney-fee issue | Superior court’s August 31 order was untimely; Board’s decision was affirmed by operation of law after 20 days | The superior court lost jurisdiction on Aug 20, 2016; its subsequent order is a nullity; Board decision affirmed by operation of law |
| Whether other enumerations of error survive if the entry timing is dispositive | Merits review of Board’s reversal on attorney fees and other alleged errors | Moot if superior court lacked jurisdiction | Moot — other issues not reached because of timing dismissal |
Key Cases Cited
- Coronet Carpets v. Reynolds, 199 Ga. App. 383 (discussing effect of untimely superior court action on appeals from the Board)
- Buschel v. Kysor, 213 Ga. App. 91 (applying affirmance-by-operation-of-law when superior court missed statutory deadline)
- Synthetic Indus. v. Camp, 196 Ga. App. 637 (addressing loss of jurisdiction where superior court missed statutory timing for hearing)
- Kennestone Hosp. v. Cartersville Med. Center, 341 Ga. App. 28 (vacating untimely superior court order under similar statutory scheme)
- Holder v. City of Atlanta, 294 Ga. App. 568 (treating a late superior court order as a nullity and reversing)