Change of Condition Separate From Penalty Problem

An employer may assert a change of condition even after its notice to controvert the claim is ruled invalid, the Georgia 2nd Division Court of Appeals ruled. Tony Wade Fallin sustained a back injury in November 1998 during the course of his employment with Merritt Maintenance & Welding. Merritt's insurer began paying temporary total disability benefits on Dec. 17, 1998, but failed to pay the statutory "late payment" penalty owed Fallin under annotated Georgia statute Section 34-9-221(e). Merritt continued to pay Fallin benefits until Feb. 1, 1999, at which time it suspended payments a...