Reliance Electric Co. v. Brightwell

MlKELL, Judge.

We granted this discretionary appeal to address the legal consequences of an employer’s failure to give a full ten days’ notice, as required by OCGA § 34-9-221 (i), 1 before unilaterally suspending benefits based on a claimant’s change in condition for the better. We hold that where, as here, the sole defect in the notice of suspension (“WC-2”) is the tardy filing date, the employer is not allowed to suspend benefits on the date it selected for suspension in the WC-2 but may suspend benefits ten days after the date on which the WC-2 was in fact filed with the State Board of…