Esean Edwards v. Wayne Stewart Trucking Company ( 2023 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
November 13, 2023
The Court of Appeals hereby passes the following order:
A24D0120. ESEAN EDWARDS v. WAYNE STEWART TRUCKING
COMPANY.
Esean Edwards filed a workers’ compensation claim, and an administrative law
judge awarded him temporary disability benefits. The award was subsequently
affirmed by the State Board of Workers’ Compensation Appellate Division. Edwards
appealed to the superior court, and his appeal was docketed on May 26, 2023. When
no hearing was scheduled within 60 days, the superior court entered an order on
September 19, 2023, affirming the decision of the Appellate Division by operation
of law. Edwards thereafter filed this discretionary application. We lack jurisdiction.
An application for discretionary review must be filed within 30 days of the
order to be appealed. OCGA § 5-6-35 (d). The filing deadline is jurisdictional, and
this Court is unable to accept an untimely application. See Crosson v. Conway, 291
Ga. 220, 220 (1) (728 SE2d 617) (2012).
OCGA § 34-9-105 (b), which governs workers’ compensation appeals to the
superior court, provides, in relevant part, that “if the court does not hear the case
within 60 days of the date of docketing in the superior court, the decision of the board
shall be considered affirmed by operation of law[.]” Here, because the appeal to the
superior court was docketed on May 26, 2023, the decision was affirmed by operation
of law on July 25, 2023. This is the date that controls for purposes of filing a timely
discretionary application. See OCGA § 34-9-105 (d); Synthetic Industries v. Camp,
196 Ga. App. 637, 637-638 (396 SE2d 518) (1990). Because Edwards’s application
was filed on October 18, 2023, 85 days after July 25, it is untimely.1 Accordingly, this
application is hereby DISMISSED. See Synthetic Industries, 196 Ga. App. at 638.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
11/13/2023
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.
1
Although Edwards’s application was filed within 30 days of the superior
court’s September 19 order, that order was a mere nullity because the superior court
had lost jurisdiction. See MacKenzie v. Sav-A- Lot Food Store, 226 Ga. App. 32, 34
(1) (485 SE2d 559) (1997); Synthetic Industries, 196 Ga. App. at 638.