Aetna Casualty & Surety Co. v. Barden

Pope, Judge,

concurring specially.

I reluctantly agree with the holding of the majority opinion that any reconsideration, amendment or revision of an award must be accomplished no later than 30 days from the entry of such award. Clearly, the board has no jurisdiction beyond that granted by the Workers’ Compensation Act, and “has no continuing jurisdiction over its awards except to determine a change in condition.” Hanover Ins. Co. v. Jones, 148 Ga. App. 236, 239 (251 SE2d 60) (1978). Cf. Walker v. Continental Ins. Co., 142 Ga. App. 115 (1) (235 SE2d 389) (1977). Although OCGA § 34-9-103 (b) gives the board authority to amend its awards to correct obvious errors, “[i]t is clear that the intent of this [statute is] to allow the board to correct mistakes in an award which [appear] in the record of the case . . . [but] not to open the case for a de novo hearing in regard to whether compensation is payable.” Cotton States Ins. Co. v. Bates, 140 Ga. App. 428, 429 (231 SE2d 445) (1976). Nevertheless, in my view there is considerable merit in the position that the board ought to have such continuing jurisdiction. “ ‘It would seem that the vacation of an [award] for the purpose of allowing correction of an error induced by fraud, accident or mistake at the board level would involve less trouble and expense to all concerned than an attack in a court of equity. However, in view of the prior determinations of this court and the Supreme Court, of the narrow statutory jurisdiction of the board, and in view of the absence of any affirmative provision for such a continuance of jurisdiction to be found in the act, [I] must conclude that such is a matter that addresses itself to the General Assembly if it is to be accomplished . . . .’ St. Paul Fire &c. Ins. Co. v. Bridges, 106 Ga. App. 621, 622 (127 SE2d 699) [(1962)].” Hanover Ins. Co. v. Jones, supra at 238-39.

Decided June 20, 1986. William A. Erwin, for appellants. Jim T. Bennett, Jr., for appellee.