Georgia Department of Revenue v. Tucker
Georgia Department of Revenue v. Tucker
Opinion of the Court
This is a workmen’s compensation case. On October 14,1975, claimant injured her back while on the job with the Georgia Department of Revenue as a Clerk II. A Form 16 was executed for payment of compensation. However,
The administrative law judge entered her findings of fact and award in favor of the claimant that she had been unable to work due to her physical condition although she attempted to work as a bartender for three weeks and "that she experienced a change in condition from no incapacity to work to partial incapacity to work on or about May 16,1976”; and again found partial incapacity to work to total incapacity to work, "when she was forced to leave her position as a bartender on or about April 6 or 7, 1976,” (no payment of salary).
The employer appealed to the full board of the State Board of Workmen’s Compensation and upon de novo consideration a majority of the board with one dissent made the findings and conclusions of the administrative law judge its findings of fact and conclusions of law except as to certain inconsistencies therein set out, that is, a change of condition from "no incapacity to work to total
"[I]n moving for a change of condition a claimant must show (1) that the condition has changed for the worse, (2) that because of this change claimant is unable to work for any employer, (3) that because of inability to work the employee has either a total or partial loss of income, and (4) that the inability to work was proximately caused by the injury.” Miller v. Argonaut Ins. Co., 136 Ga. App. 101, 103 (1) (220 SE2d 89). Under the any evidence rule, which is binding upon this court, we cannot disturb this award unless one of these four prerequisites for a finding of change of condition is completely unsupported by the evidence. There was evidence here that the claimant’s condition had changed for the worse, she was unable to continue to work for the employer and when she attempted to work for another employer, that employer had failed to pay her salary although she had earned some income as shown by the evidence and that because of her inability to work she had sustained a partial loss of income. Further, her inability to work was clearly due to the injury to her back caused by an accidental injury on the job. Accordingly, the trial court did not err in affirming the finding of partial incapacity to work. Such evidence is binding upon both the superior and appellate courts, and we cannot disturb the award. See Code § 114-710; Wilson v. Aragon Mills, 110 Ga. App. 392, 393 (138 SE2d 596); Carey v. Travelers Ins. Co., 133 Ga. App. 657, 658 (1) (212 SE2d 13). See also St. Paul Fire &c. Ins. Co. v. Lee, 142 Ga. App. 233 (235 SE2d 659); Insurance Co. of N. A. v. Nix, 141 Ga. App. 342 (233 SE2d 468) Allstate Ins. Co. v. Prance, 130 Ga. App. 735 (1) (202 SE2d 832).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.