Reliance Electric Co. v. Brightwell

In Reliance Electric Co. v. Brightwell, 284 Ga. App. 235 (643 SE2d 742) (2007), the Court reversed the award of benefits up to the hearing date, because the sole defect in that WC-2 was that it was filed six days before the employer suspended benefits instead of the required ten days. Id. at 236. The form listed the reason for the suspension, which was that the employee's treating physician released her to return to work, the employee testified she knew her physician had released her, and the ALJ found that the employee was capable of returning to work without restriction. Id. at 239. The Court held in Brightwell that "a technical violation of OCGA 34-9-221 does not prevent the employer/insurer from contending that no or lesser benefits are due after a certain date due to a change in condition; rather, it subjects the employer/insurer to potential liability for attorney fees if the failure was without reasonable grounds." Id. at 238.