Minter v. Tyson Foods, Inc.
Minter v. Tyson Foods, Inc.
Opinion of the Court
After the State Board of Workers’ Compensation (“State Board”) awarded income benefits to Diane Minter, the superior court reversed the award and remanded the case to the State Board. We granted Minter’s application for discretionary appeal. For reasons that follow, we affirm in part and reverse in part.
On October 11, 2001, Minter underwent surgery that was unrelated to her work injury and as a result of that surgery was unable to work for six weeks. During this time, Tyson Foods offered her the opportunity to return to work in a regular duty position. According to Minter, however, she continued to have limitations as a result of her work injuries. Although several other Tyson employees were recalled in light duty positions, Minter was never offered a light duty job.
Minter testified that, since her layoff, she has applied for work elsewhere in keeping with her light duty restrictions, but has been unable to find employment. Thus, she filed a claim for temporary total disability (“TTD”) benefits. She also sought attorney fees pursuant to OCGA § 34-9-108 and requested that penalties be imposed on Tyson Foods under OCGA § 34-9-221.
Following a hearing, the administrative law judge (“ALJ”) found that because Tyson Foods only offered Minter employment beyond her physical restrictions, her injury was the reason for her continued unemployment. Thus, the ALJ reasoned that Tyson terminated Minter’s employment because of her work injury. Under the reasoning of Padgett v. Waffle House,
Tyson Foods and Minter filed cross-appeals to the superior court. That court affirmed all of the findings of the appellate division, except for the TTD award, which it remanded to the State Board “because it is unclear as to whether or how the standards and requirements of the Padgett and/or Maloney decisions were applied.” This appeal ensued.
1. Minter claims that the superior court erred in remanding the award of TTD benefits to the State Board. “It is axiomatic that the findings of the State Board of Workers’ Compensation, when supported by any evidence, are conclusive and binding, and that neither the superior court nor this court has any authority to substitute itself as a fact finding body in lieu of the Board.”
The evidence arguably does not support the ALJ’s conclusion that Padgett applies to the facts of this case.
must establish by a preponderance of the evidence that. . . she suffered a loss of earning power as a result of a compensable work-related injury; continues to suffer physical*188 limitations attributable to that injury; and has made a diligent, but unsuccessful effort to secure suitable employment following termination.7
In the case at bar, the ALJ found — and the appellate division agreed — that Minter sustained a compensable work-related injury, is unable to return to work, and has made a diligent, but unsuccessful attempt to find employment elsewhere. As there is some evidence supporting these findings, the superior court was required to affirm.
Evidently, Tyson Foods believes that it is entitled to clarification of the basis for the ALJ’s award. Specifically, it cites Fulton County Bd. of Ed. v. Taylor to support its argument that, when the record presents alternative theories and conflicting evidence with respect to a matter, it is “appropriate to remand so that the appellate division might enter an award based on the correct findings of fact.”
2. Minter also claims that “[t]he Superior Court erred when it affirmed the Appellate Division’s decision to vacate [the ALJ’s] Award of assessed attorney fees in the amount of $3,000.00.” As noted by our Supreme Court, “[t]he ALJ is vested with the authority to make findings of fact in workers’ compensation claims. The appellate division of the workers’ compensation board must accept the ALJ’s findings where there is a preponderance of competent and credible evidence to support the decision.”
Here, the ALJ awarded attorney fees under OCGA§ 34-9-108 (a) in the amount of 25 percent of Minter’s weekly benefits. The ALJ also awarded a lump sum attorney fee of $3,000 in accordance with OCGA § 34-9-108 (b). After reviewing the record, the appellate division found “the additional $3,000.00 . . . excessive in light of the facts of
3. Finally, Minter argues that “[t]he Superior Court erred when it affirmed the Appellate Division’s decision to vacate [the ALJ’s] Award of litigation expense[s].” OCGA § 34-9-108 (b) (4), which permits the recovery of litigation expenses, was not enacted until July 1, 2001.
“Generally statutes prescribe for the future and that is the construction to be given unless there is a clear contrary intention shown. On the other hand, where a statute governs only procedure of the courts,... it is to be given retroactive effect absent an expressed contrary intention.”
Judgment affirmed in part and reversed in part.
See High Voltage Vending v. Odom, 266 Ga. App. 537 (597 SE2d 428) (2004) (on appeal, courts required to view evidence in light most favorable to party that prevailed before State Board).
269 Ga. 105 (498 SE2d 499) (1998).
265 Ga. 825 (462 SE2d 606) (1995).
Milliken & Co. v. Poythress, 257 Ga. App. 586 (571 SE2d 569) (2002).
In Padgett, the employee was terminated from her employment “ ‘for reasons which were directly related to her job injury.’ ” Id. at 106. Under those circumstances, the Supreme Court held that an employee is not required to establish that she made a diligent effort to find employment elsewhere before becoming entitled to workers’ compensation income benefits. See id. Here, however, it is undisputed that Minter’s job loss originally stemmed from a general layoff.
Supra.
See id. at 828.
Fulton County Bd. of Ed. v. Taylor, 262 Ga. App. 512, 515 (2) (586 SE2d 51) (2003).
See id. at 515-516 (3).
(Punctuation omitted.) Hallisey v. Fort Howard Paper Co., 268 Ga. 57, 58 (1) (484 SE2d 653) (1997).
See Mechanical Maintenance v. Yarbrough, 264 Ga. App. 181, 183 (590 SE2d 148) (2003); Taylor, supra at 514-515 (2).
Ga. L. 2001, p. 748, § 2.
(Citations omitted.) Polito v. Holland, 258 Ga. 54, 55 (2) (365 SE2d 273) (1988).
Id. at 55 (3).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.