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SMITH, Judge.
Workmen's compensation. Bartow Superior Court. Before Judge White.
In this workmen's compensation case, the superior court correctly sustained the administrative law judge's determination that the statute of limitation barred appellant's claim; hence, we affirm.
The accident forming the basis for appellant's claim occurred on May 19, 1975. Appellant filed a request for a hearing with the State Board of Workmen's Compensation on November 24, 1976. During the interim, on June 1, 1975, the board's Rule 303 became effective. That rule provides: "Failure of an employer or insurer to notify the Board and the employee of a rejection of a claim within 60 days after the receipt of notice of the accident creates a rebuttable presumption of acceptance of liability." Appellant argues that appellees' failure so to notify her created a presumption that they accepted liability, a presumption which they never rebutted and which prevented them from raising the one-year statute of limitation (Code 114-305) as a bar to her claim. Assuming appellant's argument might otherwise have merit, we must here hold to the contrary because Rule 303 did not apply retroactively to a claim accruing before the rule's effective date. "The law is well settled that generally a statute cannot be construed to operate retrospectively unless the legislative intention to that effect unequivocally appears. [Cit.] The principle is strictly applicable to statutes which have the effect of creating an obligation. An administrative regulation is subject to the rule equally with a statute; and accordingly, the regulation here involved must be taken to operate prospectively only." Miller v. United States, 294 U. S. 435, 439 (55 SC 440, 79 LE 977) (1934).
Greene & Greene, James E. Greene, for appellant.
SUBMITTED JUNE 5, 1978 -- DECIDED JULY 14, 1978.
Friday May 22 04:22 EDT

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