Northeast Georgia Health System, Inc. v. Danner

Ruffin, Presiding Judge.

Following mediation, Cheryl Danner and her employer, Northeast Georgia Health System, Inc., agreed to settle Danner’s workers’ compensation claim for $25,000. Although Danner’s current mailing address was contained in the settlement agreement, the employer’s servicing agent inadvertently mailed the payment to her former *505address. Danner received the payment, which was forwarded to her by the post office, but claimed it was untimely and moved the administrative law judge (ALJ) to assess a 20 percent penalty. The ALJ granted the motion, and both the appellate division and the superior court affirmed the award. We granted the employer’s application for discretionary appeal, and for reasons that follow, we reverse.

The evidence underlying assessment of the penalty is undisputed. On March 28, 2001, the State Board of Workers’ Compensation approved the parties’ settlement agreement. On April 3, 2001, the employer’s servicing agent, located in Baton Rouge, Louisiana, mailed Danner a check for the lump sum payment. Because the check was sent to Danner’s former address in Cornelia, Georgia, the postal service readdressed it to her current address in Cartersville, Georgia, on April 14, 2001, and forwarded it to that address. Danner alleges that she received the check on April 18, 2001, 21 days after the Board approved the settlement agreement.

Danner subsequently moved the Board to assess a 20 percent statutory penalty, arguing that the employer failed to timely pay the settlement within 20 days as required by the Workers’ Compensation Act. Under the Act, the settlement agreement became binding as an award when it was approved by the Board on March 28, 2001.1 The Act provides that, “[i]f income benefits payable under the terms of an award are not paid within 20 days after becoming due, there shall be added to the accrued income benefits an amount equal to 20 percent thereof.”2 The method for calculating the time for payment requires that it be “[m]ail[ed] or deliver [ed] ... to the address specified by the employee or the address of record. The payment shall be considered paid when postmarked and mailed within the State of Georgia or three days from the date of postmark and mailing if mailed out of the State.”3 In this case, the ALJ awarded the penalty upon finding “that the employer/self-insurer failed to use the proper address and, as a result of that failure, the payment was tardy.” The appellate division adopted that finding.

The employer argues that it should not have been assessed a penalty because, notwithstanding the servicing agent’s failure to correctly address the payment, it was timely and properly mailed by the postal service before the due date. Although we are unaware of any workers’ compensation cases on point, in Andrews v. Howard4 the *506Supreme Court addressed a similar issue in the context of a statutorily required notice of contract nonrenewal. The statute at issue in Andrews required the notice to “ ‘be served either personally or by certified mail. Service shall be deemed to be perfected when said notice is deposited in the United States Mail addressed to the last known address of the addressee with sufficient postage affixed thereto.’ ”5 Although the notice at issue was misaddressed, the mail carrier saw the error and corrected it. The Court concluded that substantial compliance with the statutory requirements was sufficient and that “because of the diligence of the postal service, there was sufficient compliance with [the Code section]. The evidence shows an attempted delivery to her correct, last known address.”6

We reach the same conclusion in this case. The legislature enacted the workers’ compensation settlement procedures to “encourage [settlement], so long as the amount of compensation and the time and manner of payment are in accordance with [the Act].”7 It is clear that the legislature was primarily7 concerned with ensuring that the employee received full and timely payment of settlement amounts. And, although the dissent states that the applicable rule “directs the employer” to mail the payment, the rule plainly does not dictate who must perform this task.8 It is undisputed that Danner received full payment of the settlement amount, and although the servicing agent misaddressed the envelope, the postal service corrected the mistake and resent it to Danner’s proper address before the 20-day time limit expired. Thus, due to the diligence of the postal service, full payment was made in the time and manner required, and we fail to see how Danner was harmed by the fact that the payment was properly mailed by the postal service and not the servicing agent.9 Accordingly, the employer should not have been penalized, and the superior court erred in ruling otherwise.

Judgment reversed.

Andrews, P. J., Johnson, P. J., and Phipps, J., concur. Barnes, Mikell and Adams, JJ, dissent.

See OCGA § 34-9-15 (a) (Supp. 2002); see also Taylor v. Sunnyland, Packing Co., 112 Ga. App. 544, 546 (145 SE2d 587) (1965).

OCGA § 34-9-221 (f).

Rules and Regulations of the State Board of Workers’ Compensation, Rule 221 (a) (printed in Appendix to Title 34, Official Code of Georgia Ann. (Supp. 2002)). See also OCGA § 34-9-221 (b) (method for calculating time for paying income benefits under the Act).

249 Ga. 539-540 (291 SE2d 541) (1982).

Id. at 540 (1) (quoting former Code Ann. § 32-2101c (c)).

Id.

OCGA § 34-9-15 (a) (Supp. 2002).

See Board Rules and Regulations, supra.

See Andrews, supra at 540-541.