April 10, 2015
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY
Workers' compensation. Fulton Superior Court. Before Judge Markle.
Morgan & Morgan, Todd K. Maziar, for appellant.
F. Taylor Putney, Jr., Drew, Eckl & Farnham, H. Michael Bagley, John G. Blackmon, Jr., J. Benson Ward, for appellee.
This case involves an attempt by Michael Reid to recover statutory penalties owed by his employer, the Metropolitan Atlanta Rapid Transit Authority (" MARTA" ), as a result of MARTA's failure to pay Reid his workers' compensation benefits in a timely fashion. The trial court denied this request, finding that Reid was seeking to recover additional workers' compensation benefits resulting from a change in condition, and that his claim was therefore barred by the two-year statute of limitation found in OCGA § 34-9-104 (b). In Reid v. Metropolitan Atlanta Rapid Transit Auth., 323 Ga.App. 523 (746 S.E.2d 779) (2013), this Court reversed the trial court's ruling, finding that Reid's claim did not result from a change in condition and that therefore the claim was not time-barred. The Supreme Court of Georgia reversed that decision in Metropolitan Atlanta Rapid Transit Auth. v. Reid, 295 Ga. 863 (763 S.E.2d 695) (2014).We therefore vacate our earlier opinion, adopt the Supreme Court's opinion as our own, and affirm the judgment of the trial court.
Phipps, C. J., and Ellington, P. J., concur.