MCDUFFIE v. OCMULGEE EMC Et Al.

Court of Appeals of Georgia

MCDUFFIE v. OCMULGEE EMC Et Al.

818 S.E.2d 629, 347 Ga. App. 207

CourtCourt of Appeals of Georgia

DecidedAugust 23, 2018

DocketA16A0092

StatusPublished

This text of 818 S.E.2d 629 (MCDUFFIE v. OCMULGEE EMC Et Al.) 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.

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

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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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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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818 S.E.2d 629, 347 Ga. App. 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcduffie-v-ocmulgee-emc-et-al-gactapp-2018.

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