Owens-Illinois, Inc. v. Childers

Banke, Judge.

The State Board of Workers’ Compensation denied the appellee’s claim for benefits on the ground that it was barred by the statute of limitation. The Superior Court reversed, and we granted the employer’s application for discretionary appeal.

The injury occurred, at the latest, on November 5, 1976. The claim was filed on January 27, 1978, outside the 1-year limitation *567period set forth in Code Ann. § 114-305, as that section existed prior to the 1978 amendment. However, the superior court found that the employer was estopped to raise the statute as a defense due to the fact that the…