Legal Opinion · Dissent

Northeast Georgia Health System, Inc. v. Danner

Court of Appeals of Georgia

Decided March 24, 2003No. A02A1704Published

1DissentBarnes, Judge

Because evidence supports the Board’s assessment of a penalty in this case, I respectfully dissent.

The Board approved a settlement agreement between the claimant and employer on March 28, 2001. The employer mailed the settlement funds to the claimant’s old address instead of the claim*507ant’s address of record, and the claimant received the funds 21 days after the award date.

OCGA § 34-9-221 (f) provides: “If income benefits payable under the terms of an award are not paid within 20 days after becoming due, there shall be added to the accrued income benefits an amount equal to 20 percent thereof,…

2Cases cited6 opinions

  1. Coker v. Deep South Surplus of Georgia, Inc.Court of Appeals of Georgia · 2002
  2. Atlanta Janitorial Service, Inc. v. JacksonCourt of Appeals of Georgia · 1987
  3. Carr v. A. P. & Harry Jones LoggingCourt of Appeals of Georgia · 1991
  4. McLean Trucking Co. v. FlorenceCourt of Appeals of Georgia · 1986
  5. Ayers v. RembertCourt of Appeals of Georgia · 1999

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