MCDUFFIE v. OCMULGEE EMC Et Al.

818 S.E.2d 629, 347 Ga. App. 207
Procedural entryThis page is a short order in MCDUFFIE v. OCMULGEE EMC Et Al.. Read the opinion of the Court — 338 Ga. App. 200
Court of Appeals of Georgia·Decided August 23, 2018·No. A16A0092·Published

Opinions

Miller, Presiding Judge.

*207In McDuffie v. Ocmulgee EMC , 338 Ga.App. 200, 789 S.E.2d 415 (2016), this Court (1) affirmed the Administrative Law Judge's finding that Ocmulgee EMC ("EMC") met its burden of demonstrating that Kasabian McDuffie had returned to his pre-2009-injury condition when EMC suspended McDuffie's indemnity benefits; but (2) remanded this case for factual findings regarding whether EMC had shown that suitable work was available to McDuffie before terminating his benefits. Id. at 202-204 (1), (3), 789 S.E.2d 415.

In Ocmulgee EMC v. McDuffie , 302 Ga. 640, 806 S.E.2d 546 (2017), the Supreme Court of Georgia reversed this Court's decision, in part, determining that EMC was not required to show the availability of suitable employment and that no further factual findings were necessary in this regard. Id. at 643-645 (2), 806 S.E.2d 546. Thus, the Supreme *208Court affirmed in full the decision of the Appellate Division of the State Board of Workers' Compensation. Accordingly, we vacate Division 3 of our prior decision, and the judgment of the Supreme Court is adopted and made the judgment of this Court for Division 3.

Judgment affirmed.

Dillard, C.J., Ellington, P.J., McMillian, Mercier, Reese, Brown, JJ., concur. McFadden, P.J., dissents. Gobeil, J. recused.

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MCDUFFIE v. OCMULGEE EMC Et Al., 818 S.E.2d 629, 347 Ga. App. 207 (Ga. Ct. App. 2018).

818 S.E.2d 629 (MCDUFFIE v. OCMULGEE EMC Et Al.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

McDUFFIE v. OCMULGEE EMC Et Al.
789 S.E.2d 415 (Court of Appeals of Georgia, 2016)
Ocmulgee EMC v. McDuffie
806 S.E.2d 546 (Supreme Court of Georgia, 2017)