Premier Elevator Company, Inc./Soi Et Al.v.Michael Edwards
Premier Elevator Company and its insurer sought review after the State Board of Workers Compensation denied their motion to dismiss Michael Edwards claim for additional medical treatment based on the statute of limitations. An administrative law judge found that Edwards claim for treatment of a compensable left-middle-finger injury was not time-barred, and the Board adopted that ruling. The superior court affirmed, but the Georgia Court of Appeals held that it lacked jurisdiction to consider the appeal. Georgia law permits an appeal from the Board to superior court only when the Board has entered a final award, order, judgment, or decision. Here, the Board had denied a dismissal motion without issuing an award of compensation, so Edwards benefits claim remained pending. The appellate court reversed the superior court judgment with direction that the appeal be dismissed as premature, and vacated and remanded the Board judgment with direction.
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