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FUND v. CITY OF ATLANTA

No. A11A0688.

713 S.E.2d 706 (2011)

310 Ga. App. 581

SUBSEQUENT INJURY TRUST FUND, State of Georgia v. CITY OF ATLANTA et al.

Court of Appeals of Georgia.

July 6, 2011.

Attorney(s) appearing for the Case

Thurbert E. Baker , Atty. Gen., Harrison & Llop, Rita J. Llop , Eastman, for appellant.

Swift, Currie, McGhee & Hiers, Timothy Clark Lemke , Ashley Denise Alfonso , for appellee.

MILLER, Presiding Judge.

In this case of first impression, we granted the Subsequent Injury Trust Fund's (the "Fund")1 application for discretionary review to determine whether an employer's advance payment to an employee under OCGA § 34-9-222 constitutes the payment of an income benefit for purposes of calculating the 78-week time limitation for filing a claim for reimbursement under OCGA § 34-9-362(a).2

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