Dan River, Inc. v. Shinall

367 S.E.2d 846, 186 Ga. App. 572, 1988 Ga. App. LEXIS 414
Court of Appeals of Georgia·Decided March 14, 1988·No. 75211·Published·Cited by 17 cases

Opinions

Carley, Judge.

Appellee-employee suffered a back injury which arose out of and in the course of her employment with appellant-employer. As a result of this back injury, appellee began receiving workers’ compensation income and medical benefits from appellant. However, when a bill for alcohol detoxification treatment which had been provided to appellee was submitted for payment as an authorized medical expense, appellant refused to pay it. Appellee then filed a claim with the State Board of Workers’ Compensation, wherein she asserted that her alcohol dependency and her need for detoxification had been the direct result of the pain and depression which had accompanied the compensable injury to her back. The administrative law judge (ALJ) made a finding that appellee’s alcohol detoxification had resulted from her job-related injury and appellant was ordered to pay for those services. Upon its de novo review, the Full Board made the ALJ’s award its own. On appellant’s appeal to the superior court, the award of the Full Board was affirmed. Appellant’s application for a discretionary appeal to this court from the superior court’s affirmance of the Full Board’s award was granted.

OCGA § 34-9-1 (4) sets forth the controlling statutory definition of a compensable “ ‘injury’ or ‘personal injury’ ” for purposes of workers’ compensation. By its terms, that statute contains not only a general definition of what constitutes a compensable “injury” or “personal injury,” but it also specifies certain circumstances or conditions wherein a finding of a compensable “injury” or “personal injury” will not be authorized. OCGA § 34-9-1 (4) mandates an absolute prohibition against a finding of a compensable “injury” or “personal injury” under certain circumstances: “ ‘Injury’ and ‘personal injury’ shall not include injury caused by the willful act of a third person directed [573] against an employee for reasons personal to such employee. . . .” (Emphasis supplied.) The statuté also provides for a conditional prohibition as to certain specified diseases: “ ‘Injury’ and ‘personal injury’ shall not . . . include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, or thrombosis unless it is shown by a preponderance of competent and credible evidence that any of such conditions were attributable to the performance of the usual work of employment.” (Emphasis supplied.) In 1973, OCGA § 34-9-1 (4) was amended to add the following: “Alcoholism or disabilities attributable thereto shall not be deemed to be ‘injury’ or ‘personal injury’ by accident arising out of and in the course of the employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be ‘injury’ or ‘personal injury’ by accident arising out of and in the course of the employment except when such addiction was caused by the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician.” (Emphasis supplied.) It is clear that the legislative intent of this 1973 amendment is to extend the absolute prohibition against a finding of a compensability as an “injury” or “personal injury” to cases of alcoholism and to extend the conditional prohibition against such a finding to certain cases of drug addiction. Accordingly, the issue for resolution is what effect this absolute statutory prohibition as to alcoholism has in this case.

Appellee urged and the superior court found that OCGA § 34-9-1 (4) is applicable only as to the initial “injury” or “personal injury” upon which an employee ultimately premises his claim for workers’ compensation benefits. Thus, under this interpretation given to OCGA § 34-9-1 (4) by the superior court, it is only the employee who has asserted alcoholism as his initial work-related injury who would be barred from recovering benefits as attributable thereto. It is undisputed that appellee’s initial injury was not alcoholism but was a compensable accidental “injury” to her back and the evidence would authorize the finding that her alcoholism arose from the pain and depression caused by her compensable back injury. The superior court found that the costs of treating appellee for that alcoholism are, therefore, recoverable as an element of the medical benefits to which her back injury would entitle her.

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Dan River, Inc. v. Shinall, 367 S.E.2d 846, 186 Ga. App. 572, 1988 Ga. App. LEXIS 414 (Ga. Ct. App. 1988).

367 S.E.2d 846 (Dan River, Inc. v. Shinall) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Dan River, Inc. v. Shinall
367 S.E.2d 846 (Court of Appeals of Georgia, 1988)