Russell Morgan Landscape Mgmt. v. Velez-Ochoa

In Russell Morgan Landscape Mgmt. v. Velez-Ochoa, 252 Ga. App. 549, 552 (556 SE2d 827) (2001), the employer filed a defective form WC-2 suspending benefits, which gave the wrong reason for termination, failed to include the required medical reports, failed to explain how to challenge the decision, and failed to give ten days notice before ending its payment of income benefits. The ALJ found that the employer established a change of condition as of the termination date but failed to comply with the requirements for unilaterally suspending benefits, and awarded the employee an additional ten days of benefits, as well as attorney fees and a penalty. Id. at 549. The Appellate Division accepted the ALJ's findings of fact but not its conclusions of law and awarded benefits up to the hearing date, when the employee was fairly on notice of the reasons for the suspension. Id. at 552. In affirming the superior court's affirmance of the Appellate Division, we held that failing to list the proper reason for suspending benefits was not a mere technical violation caused by clerical error. The employer failed to comply with provisions of the Workers' Compensation Act and Board Rules designed to afford due process to the injured worker and, unlike Freeman (Sadie G. Mays Mem. Nursing Home v. Freeman), the mistake in listing the reason for suspension does not put the employee on fair notice of the employer's actual grounds for suspension. We act even-handedly when we apply the Act as it is written. Just as the claimant must meet the statute's requirements in order to qualify for benefits, so must the employer adhere to the procedural requirements in order to controvert the claim. Id. at 552.