Opinion
A23A1721
08-15-2023
CLEON BELGRAVE v. PUBLIX SUPERMARKET INC., et al.
The Court of Appeals hereby passes the following order:
In 2019, Cleon Belgrave filed a claim seeking workers' compensation benefits for injuries suffered in a series of allegedly work-related accidents that occurred while Belgrave was employed by Publix Supermarket, Inc. Following a hearing, the State Board of Workers' Compensation denied Belgrave's claim, finding that he had failed to establish a work-related injury. Belgrave appealed that decision to the Superior Court of Fulton County, which dismissed his appeal as untimely. Belgrave 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 S.E.2d 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 S.E.2d 564) (2021). Accordingly, because Belgrave failed to follow the proper appellate procedure, his appeal is hereby DISMISSED for lack of jurisdiction. See Adivari, 221 Ga.App. at 279.