Lowndes County Board of Commissioners v. Connell

701 S.E.2d 227, 305 Ga. App. 844
CourtCourt of Appeals of Georgia
DecidedSeptember 8, 2010
DocketA10A1213, A10A1214
StatusPublished
Cited by11 cases

This text of 701 S.E.2d 227 (Lowndes County Board of Commissioners v. Connell) 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
Lowndes County Board of Commissioners v. Connell, 701 S.E.2d 227, 305 Ga. App. 844 (Ga. Ct. App. 2010).

Opinion

POPE, Senior Appellate Judge.

Declining to award workers’ compensation benefits, the Appellate Division of the State Board of Workers’ Compensation (“State Board”) found that Perry W. Connell did not suffer a compensable right knee injury following an accident on his four-wheeler during a time when he was not performing work duties. The superior court affirmed in part and reversed in part the State Board’s decision, and the parties filed cross-applications for discretionary appeal from the superior court’s order, which we granted. Because there was some evidence to support the State Board’s decision, we reverse the superior court to the extent that it held that Connell was entitled to workers’ compensation benefits but affirm in all other respects.

Significantly, when reviewing a workers’ compensation award, we construe the evidence in the light most favorable to the party prevailing before the State Board and must determine whether any competent evidence supports its decision. See Ray Bell Constr. Co. v. King, 281 Ga. 853, 854 (642 SE2d 841) (2007); Keystone Automotive v. Hall, 292 Ga. App. 645, 647 (1) (665 SE2d 392) (2008). As a factfinder, the State Board is authorized to assess witness credibility, weigh conflicting evidence, and draw different factual conclusions from those reached by the administrative law judge (“ALJ”) in the Trial Division of the State Board of Workers’ Compensation who initially heard the dispute. See Bankhead Enterprises v. Beavers, 267 Ga. 506, 507 (480 SE2d 840) (1997); Medders v. Smith, 245 Ga. App. 323, 325-326 (1) (537 SE2d 153) (2000). So long as there is some *845 evidence to support the State Board’s decision, “findings of fact by the [Sítate [Bjoard are conclusive and binding on reviewing courts, and judges lack authority to set aside an award based on disagreement with the [BJoard’s conclusions.” DeKalb County Bd. of Ed. v. Singleton, 294 Ga. App. 96 (668 SE2d 767) (2008). See Ray Bell Constr. Co., 281 Ga. at 854.

Viewed in this manner, the record reflects that Connell is an investigator with the Special Operations Division of the Lowndes County Sheriffs Office. His job duties are physically demanding, requiring him, among other things, to run, climb, and apprehend suspects while executing high risk warrants in narcotics cases. Connell trains with his division every other week, completing “about an hour [of physical training] in full gear,” as well as other exercises. Additionally, he must pass a physical standards test approximately every three months, performing tasks such as running one mile in full gear in under thirteen minutes, sprinting fifty yards with a sixty-pound door ram, low crawling in full gear for fifty yards in less than one minute, and dragging a man for fifty yards.

While executing a warrant on March 17, 2005, Connell slipped and fell, injuring his right knee. Lowndes County sent Connell to a physician for evaluation. After X-rays were taken, the physician diagnosed Connell with bursitis 1 and provided him with a knee brace. Connell returned to work the day after the accident, continued to meet the physical requirements for his division and to participate in training exercises, and did not return to the physician for any further treatment.

On August 31, 2006, Connell rammed the same knee into a glass coffee table when he entered a suspect’s home to execute a warrant. Connell did not seek medical treatment or miss any work, and he continued to meet all work and training requirements until May 2007.

On Saturday, May 12, 2007, Connell was riding a four-wheeler at his home. It is undisputed that Connell was not on duty or working at the time. According to Connell, he placed his right leg on the ground to stabilize the four-wheeler when it began to tip over during a turn. At that point, he felt a “sharp pain” and a “pop” in his right knee. Following an MRI, an orthopedic surgeon determined that Connell had a tear in his anterior cruciate ligament (“ACL”) and in his knee cartilage. Surgery was performed to repair the torn ACL and the torn cartilage. Connell missed approximately seven weeks of *846 work following the four-wheeler incident.

Connell subsequently filed a workers’ compensation claim against the Lowndes County Board of Commissioners and the Association of County Commissioners of Georgia (collectively, “Lowndes County”). He sought payment of his medical expenses associated with the treatment for his torn ACL and cartilage, as well as temporary total disability benefits for the time he spent out of work after the four-wheeler incident.

The parties agreed that Connell suffered injuries to his right knee arising out of and in the course of his employment on March 17, 2005 and August 31, 2006. They disputed, however, whether Con-nell’s torn ACL and cartilage were causally connected to his prior work-related accidents or were new injuries caused solely by the four-wheeler incident. According to Connell, his torn ACL was compensable as an original “accident” claim because the tear preexisted the four-wheeler incident and instead was caused by the work-related August 2006 accident. Alternatively, Connell contended that the torn ACL was compensable as a “new accident” claim because he tore his ACL in the four-wheeler incident as a result of the weakened state of his knee caused by the gradual worsening of his knee condition due to his work duties. See, e.g., Slattery Assoc. v. Hufstetler, 161 Ga. App. 389, 390-391 (288 SE2d 654) (1982) (discussing the difference between “accident,” “new accident,” and “change of condition” claims). Lastly, Connell claimed that the torn cartilage he sustained in the four-wheeler incident was caused by the damaged condition of his ACL and thus constituted a compensable “superadded injury.” See, e.g., Baugh-Carroll v. Hosp. Auth. of Randolph County, 248 Ga. App. 591, 595 (2) (545 SE2d 690) (2001) (discussing “superadded injury” claims). In contrast, Lowndes County maintained that the torn ACL and cartilage were caused solely by the four-wheeler incident and thus were the result of a new accident unrelated to Connell’s employment.

Following an evidentiary hearing, an ALJ found that Connell’s torn ACL was causally connected to his prior work-related accident in August 2006 and awarded him medical expenses for treatment of that condition. But the ALJ denied Connell’s claim for medical expenses associated with the torn cartilage and for temporary total disability benefits for his time out of work after the four-wheeler incident.

Both parties appealed the ALJ’s award to the State Board, which ruled in Lowndes County’s favor. The State Board affirmed the ALJ’s denial of medical expenses for the torn cartilage and of temporary total disability benefits. However, the State Board reversed the ALJ’s award of medical expenses for the torn ACL. The *847 State Board explained:

[W]e do not agree with the [ALJ’s] finding that the employee’s ACL tear is related to his August 31, 2006 work injury with the employer. Consequently, to the extent the [ALJ] directed [Lowndes County] to pay medical expenses related to the ACL injury, we find he so erred.

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Bluebook (online)
701 S.E.2d 227, 305 Ga. App. 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowndes-county-board-of-commissioners-v-connell-gactapp-2010.