Meredith v. Atlanta Intermodal Rail Services

Fletcher, Chief Justice.

In this workers’ compensation case, the employer filed a notice to controvert the employee’s claim more than 21 days after learning about the injury. We granted certiorari to consider whether the employer was precluded from raising a defense to the employee’s claim for benefits because it filed its late notice to controvert without paying benefits. Based on OCGA § 34-9-221 and the case law interpreting it, we hold that the employer’s failure to pay income benefits to the employee before filing a notice to controvert that is untimely under OCGA § 34-9-221 (d) does not…