Legal Opinion · Dissent

Metropolitan Atlanta Rapid Transit Authority v. Ledbetter

Court of Appeals of Georgia

Decided September 9, 1987No. 74746Published

1DissentDeen, Presiding Judge

1. Because the majority opinion has mortally wounded the limitation period for filing a change in condition claim, I offer this dissent as a eulogy for OCGA § 34-9-104 (b).

OCGA § 34-9-104 (b) imposes a two-year limit on asserting *520claims for a change in condition, that limitation period commencing upon “the final payment of income benefits due . . There was nothing nebulous about that statutory limitation until this court added the gloss, “potentially due other income benefits,” in Holt’s Bakery v. Hutchinson, 177 Ga. App. 154, 160 (338 SE2d 742) (1985), which the majority opinion affirms in…

2Cases cited4 opinions

  1. Holt's Bakery v. HutchinsonCourt of Appeals of Georgia · 1985
  2. Devane v. Atlanta, Birmingham & Atlantic RailroadCourt of Appeals of Georgia · 1908
  3. Cedartown Nursing Home v. DunnCourt of Appeals of Georgia · 1985
  4. Pope v. MatthewsSupreme Court of Georgia · 1906

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