Wilder v. Macon Manufacturing Corp.
Wilder v. Macon Manufacturing Corp.
Opinion of the Court
Susan Wilder was injured at work on May 14,1986, when she was
In her workers’ compensation award, the administrative law judge denied her request for payment of medical expenses related to her hospitalization. This decision was adopted by the full board and affirmed on appeal to the superior court upon application of the any evidence rule. This court granted a discretionary appeal to determine if the board erred in finding that Ms. Wilder’s treatment did not fall within the emergency treatment provisions of OCGA § 34-9-201 (c) which provides: “An employee may accept the services of a physician selected by the employer from the panel or may select another physician from the panel. If, due to an emergency or similarly justifiable reason, an inability to make a selection results, the selection requirements of this subsection shall not apply as long as such inability persists. . . . The employer shall not be responsible for the charges for medical services furnished or ordered by any physician or other person selected by the employee in disregard of this subsection.” Appellant contends that the administrative law judge erred in failing to find that an emergency situation existed which brought the claimant within the scope of the above-quoted subsection.
“ ‘An emergency is “an unforeseen occurrence or combination of circumstances which calls for immediate action or remedy; pressing necessity; exigency,” . . .’ [Cit.]” Armstrong v. Allstate Ins. Co., 135 Ga. App. 278, 279 (1) (217 SE2d 486) (1975). The evidence before the
“On appeal, appellee [employee-claimant] maintains that use of an unauthorized physician was statutorily permissible under the ‘emergency or other justifiable reason’ exception contained in OCGA § 34-9-201 (c). However, the ALJ and the Board both found no emergency or other justifiable reason which would allow appellee to receive treatment from an unauthorized physician at appellant’s expense. Inasmuch as there is evidence to support that finding, we shall not disturb it on appeal.” State of Ga. v. Tungler, 181 Ga. App. 21, 24 (2) (351 SE2d 248) (1986).
Judgment affirmed.
Reference
- Full Case Name
- WILDER v. MACON MANUFACTURING CORPORATION
- Cited By
- 1 case
- Status
- Published