MIGUEL ORTIZ v. PRATT INDUSTRIES, INC. ( 2024 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 30, 2024
The Court of Appeals hereby passes the following order:
A25A0146. MIGUEL ORTIZ v. PRATT INDUSTRIES, INC. et al.
Miguel Ortiz filed a claim seeking workers’ compensation benefits for injuries
suffered in a work-related accident that occurred while Ortiz was employed by Pratt
Industries, Inc. Following a hearing, the State Board of Workers’ Compensation
denied Ortiz’s claim. Ortiz appealed that decision to the Superior Court of Rockdale
County, which adopted the State Board’s decision. Ortiz then filed this direct appeal.
We, however, lack jurisdiction.
An appeal from a decision of the superior court reviewing a decision of the State
Board of Workers’ Compensation must be brought by application for discretionary
appeal. See OCGA § 5-6-35 (a) (1); Adivari v. Sears, Roebuck & Co., 221 Ga. App. 279,
279 (471 SE2d 59) (1996) (to obtain review of superior court order dismissing
claimant’s appeal from a decision of the State Board of Workers’ Compensation,
claimant was required to file an application for discretionary appeal). And where a
discretionary application is required, failure to comply with that requirement deprives
this Court of jurisdiction. See Hair Restoration Specialists v. State of Ga., 360 Ga. App.
901, 903 (862 SE2d 564) (2021). Accordingly, because Ortiz failed to follow the
proper appellate procedure, his appeal is hereby DISMISSED for lack of jurisdiction.
See Adivari, 221 Ga. App. at 279.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
08/30/2024
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.