Trial Notebook: Coke

Catastrophic Injury/See your statute of limitations. The two-year statute of limitations contained in O.C.G.A. § 34-9-104(b) based on catastrophic injury status is one of law: which states that (Any) party may apply under this Code section for another decision because of a change in condition ending, decreasing, increasing or authorizing the recovery of income benefits …, provided … that at the time of application not more than two years have elapsed since the date the last payment of income benefits pursuant to Code § 34-9-261[(compensation for total disability)] or § 34-9-262 [(compensation for temporary partial disability)] was actually made under this chapter …. See O.C.G.A. § 34-9-104(a)(1). In this case since the request for catastrophic designation was not made within two years, the statute stopped the ability to receive additional income benefits. See Williams v. Conagra Poultry of Athens, Inc., et al., 295 Ga. App. 744, 673 S.E.2d 105 (2009).

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