Newton County Board of Education v. Ray Nolley
A22A0529
| Ga. Ct. App. | Apr 8, 2022Background:
- Employee Nolley suffered a compensable work injury in 2008 and received TTD benefits through May 2016 and PPD benefits through September 2016.
- In November 2016 Nolley filed a hearing application seeking additional TTD benefits based on a catastrophic designation; that hearing request was later removed from the active docket.
- Nolley filed additional hearing requests in October 2018 and again in July and December 2020 pursuing TTD benefits; the employer contested those filings as time-barred.
- An ALJ ruled the November 2016 application "continues to be viable" and is not barred by the change-in-condition statute of limitations; the appellate division adopted the ALJs decision.
- The superior court affirmed the appellate division, and the employer sought discretionary review in the Georgia Supreme Court to determine whether the superior court had jurisdiction to review the appellate divisions decision.
- The Supreme Court reversed, holding the superior court lacked jurisdiction because the boards decision left the case pending before the trial division and thus was an interlocutory, nonappealable order.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the superior court had jurisdiction to review the appellate divisions decision | Nolley: the ALJ/appellate decision was a reviewable order or left a viable claim that could be enforced | Employer: the appellate divisions decision was final and therefore reviewable by superior court | Court: No; only final awards/orders granting or denying compensation are appealable to superior court; this was interlocutory, so superior court lacked jurisdiction |
| Whether Nolleys TTD claim was time-barred | Nolley: his Nov. 2016 application remained viable; claim not barred by change-in-condition statute | Employer: the later filings (2018, 2020) were barred by the statute of limitations | ALJ/appellate division held claim was not time-barred, but Supreme Court did not reach the merits because appeal was premature |
Key Cases Cited
- GAC, MFG/Processing v. Busbin, 233 Ga. App. 406 (Ga. Ct. App. 1998) (only final awards or orders of the board are appealable to the superior court)
- Augusta Coca Cola v. Smalls, 260 Ga. App. 465 (Ga. Ct. App. 2003) (directing dismissal of premature/interlocutory appeals to superior court)