Chem Lawn, supra ("Since this issue was not heard or determined by the ALJ, Chem Lawn was not given notice and an opportunity to be heard and present a defense."). See also Coweta County v. Simmons, 269 Ga. 694 ( 507 S.E.2d 440) (1998) ("There having been no notice to [the defendant] that the [court] might consider the merits of the issue of his alleged negligence, a holding that he was liable, tantamount to an award of summary judgment against him, would deny him due process."); King v. Hawkins, 265 Ga. 93 ( 454 S.E.2d 135) (1995) (judgment granting habeas corpus petition reversed because defendant had no notice that issue not raised in petition would be litigated or considered by habeas court); Childers v. Monson, 241 Ga. App. 70, 71 ( 524 S.E.2d 326) (1999) (noting that if defendant had been properly apprised of claim plaintiff attempted to raise at the close of evidence, "he might have defended the case differently"). On appeal, Holliday argues that Jones implicitly agreed to litigate the permanent partial disability issue by failing to object to Dr. Saba's report, which assigned a ten percent permanent partial disability rating.