Georgia-Pacific Corp. v. Wilson

522 S.E.2d 700, 240 Ga. App. 123, 99 Fulton County D. Rep. 3585, 1999 Ga. App. LEXIS 1241
CourtCourt of Appeals of Georgia
DecidedSeptember 21, 1999
DocketA99A1140
StatusPublished
Cited by12 cases

This text of 522 S.E.2d 700 (Georgia-Pacific Corp. v. Wilson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Georgia-Pacific Corp. v. Wilson, 522 S.E.2d 700, 240 Ga. App. 123, 99 Fulton County D. Rep. 3585, 1999 Ga. App. LEXIS 1241 (Ga. Ct. App. 1999).

Opinion

Ellington, Judge.

The discretionary appeal in this workers’ compensation case was granted to determine if the superior court erred in reversing an award of the State Board of Workers’ Compensation. For the following reasons, we reverse.

In March 1996, after a full hearing, the administrative law judge determined that Wilson sustained a compensable injury in February or March 1994 “when the repetitive motion required by her trim saw operating job caused her to acquire [carpal] tunnel syndrome.” Notwithstanding this injury, from March 1994 to October 1994, Wilson continued to perform an unrelated part-time job with another employer in which she cleaned offices five nights per week for four hours each night. In reaching a decision to limit benefits, the ALJ noted that he did “not find credible [Wilson’s] assertions that she could not perform the job duties [offered to her by Georgia-Pacific].” Nevertheless, on March 15, 1996, the ALJ directed Georgia-Pacific to pay reasonable medical expenses and closed-end weekly benefits from February 7, 1995 through June 9, 1995, benefits attributable to corrective surgery performed on Wilson’s right wrist for carpal tunnel syndrome. The ALJ specifically found that “any continuing problem the employee has in her wrists ... is unrelated to her compensable injury.”

About a year and a half after this award, Wilson requested a change in condition hearing to seek a resumption of income benefits, beginning on and continuing from March 6, 1997. The ALJ, who heard the witnesses and sifted through the evidence, was the same judge who presided at the previous hearing. He determined that Wilson had recovered from her right wrist surgery not later than June 9, 1995. Although Wilson apparently did have reflex sympathetic dystrophy (“RSD”), the ALJ decided that the cause or origin of this RSD remained unknown. He specifically determined that there was no evidence persuasively linking the RSD to the compensable injury. The ALJ noted, “I find that none of the medical evidence has shown that the condition in the employee’s hands since the date of the last hearing is connected to her workers’ compensation injury.” The judge further determined:

I have found that the physical condition that the employee has is unrelated to her compensable injury. Thus, if her depression is caused by her physical condition, I find that it is not related to the compensable injury. I find support from Dr. Nagelberg’s credible opinion.

*124 The ALJ found that Wilson failed to prove the requisite linkage between her original injury and the later-appearing RSD or that her psychological problems were not attributable to non-injury-related factors. Based on these findings, the ALJ refused to find a change in condition and denied the claim for medical expenses.

The appellate division examined the evidence and determined that the “findings of fact of the ALJ are supported by a preponderance of competent and credible evidence contained within the record on review.” The appellate division then adopted the award of the ALJ as its own.

Wilson appealed to the superior court. She claimed that her mental disability arose naturally and unavoidably from the carpal tunnel syndrome. She contended that she was currently disabled due to an emotional disorder which was either triggered by or exacerbated by her physical injury. She argued that the ALJ erred by failing to find that she was disabled as a result of her psychological condition and that her RSD was not related to her compensable injury.

The superior court decided that, “The fact that [her] current hand and wrist impairment has been found to be medically unrelated to her compensable injury does not establish that her current psychiatric problems were not triggered by that injury.” In examining the evidence, the court decided the question was, “whether a work-related injury was one of a series of physical mishaps which, in combination, triggered or exacerbated a mental condition that resulted in disability.” The court reversed, finding,

There is not sufficient evidence of record to sustain the administrative conclusion Appellant’s disabling emotional condition was precipitated by non-work related medical problems that affected her hands and wrists. There is uncontroverted evidence her disabling emotional condition was caused by an unbroken series of medical problems with her hands and wrists, the first of which was work related and compensable.

Enumerating three errors, Georgia-Pacific appeals that judgment.

1. Georgia-Pacific contends that the superior court erred by disregarding the “any evidence” standard of review applicable in workers’ compensation cases.

When reviewing a workers’ compensation award, the evidence must be construed in the light most favorable to the party prevailing before the appellate division. Atlas Automotive v. Wilson, 225 Ga. App. 631, 633 (1) (484 SE2d 669) (1997). When supported by any evidence, findings of fact by the Board are conclusive and binding on *125 reviewing courts, and judges lack authority to set aside an award based on disagreement with the Board’s conclusions. Gleaton v. Hazelwood Farms, 214 Ga. App. 825, 826 (449 SE2d 170) (1994). Further, whether an employee’s inability to continue working is caused by a change in condition is a question of fact for the ALJ, and such finding of fact may not be disturbed on appeal if any evidence supports it. Columbus Intermediate Care Home v. Johnston, 196 Ga. App. 516, 518 (2) (396 SE2d 268) (1990).

As the party seeking the change in condition, Wilson bore the burden of proof on that issue. Maloney v. Gordon County Farms, 265 Ga. 825, 828 (462 SE2d 606) (1995); see OCGA § 34-9-104. The term “change in condition” means a subsequent “change in the wage-earning capacity, physical condition, or status of an employee” (after the date of an award). OCGA § 34-9-104 (a) (1). To obtain benefits based on a change in condition,

a claimant must establish by a preponderance of the evidence that he or she suffered a loss of earning power as a result of a compensable work-related injury; continues to suffer physical limitations attributable to that injury, and has made a diligent, but unsuccessful effort to secure suitable employment following termination.

(Emphasis supplied.) Maloney, 265 Ga. at 828. Thus, Wilson bore the burden of proving that her alleged change in condition was proximately caused by her previous compensable injury, the carpal tunnel problem in her right wrist, or that the change in condition was attributable to that injury pursuant to Maloney, supra.

The ALJ found that Wilson, who had the burden of proof, failed to establish that her psychological problems arose out of an accident in which a compensable physical injury was sustained. Compare Wilson, 225 Ga. App. at 634 (1) (major depressive disorder worsened by inability to fully recover from back injury suffered at work).

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522 S.E.2d 700, 240 Ga. App. 123, 99 Fulton County D. Rep. 3585, 1999 Ga. App. LEXIS 1241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-pacific-corp-v-wilson-gactapp-1999.