Cagle's, Inc. v. Kitchens

Benham, Judge.

The administrative law judge (“ALJ”) in this workers’ compensa*699tion case found that the employer had notice on September 10, 1982, that the claimant was alleging disability due to injury. Pursuant to OCGA § 34-9-221 (b), the due date of the first payment of benefits would have been September 24, 1982. Appellant began payment of benefits prior to that date without an award. A notice to controvert was filed on November 30, 1982, seven days after the 60-day period allowed by OCGA § 34-9-221 (h). On the basis of that tardiness and the fact that the notice to controvert did not allege…