Augusta Coca-Cola v. Smalls

Blackburn, Presiding Judge.

We granted the application for discretionary review filed by the appellants, Augusta Coca-Cola and Travelers Insurance Company, to review a ruling of the superior court affirming the right of the appellee, Frank B. Smalls III, to a hearing on his workers’ compensation claim. Finding that the appeal to the superior court was premature, we reverse.

The facts regarding the denial of Smalls’s claims for workers’ compensation benefits for a January 17, 1995 injury and the failure of his civil action in superior court are set forth in Smalls v. Walker.1 On August 11, 2001,…