Bituminous Casualty Corporation v. Johnson

The question presented is one of first impression in Georgia. Does the one-year limitation provided by Code § 114-305 apply to a partial dependent secondarily entitled to remaining compensation as in this case? We think that it does not so apply. The law does not state what kind of claim is contemplated. We think that it means a claim by one who in good faith contends that he is entitled to the immediate and unconditional award of compensation. Such a claim gives to the employer and insurance carrier a right to be heard on the principal questions of injury or death from accident arising out…