Disability Law

Case Law Update: The Role of Appeals to Superior Court in Workers? Compensation Appeals

By Jack E. Clay

On November 14, 2008, the Georgia Court of Appeals decided the case of Holder v. City of Atlanta, 2008 Ga. App. Lexis 1236. This case involved enforcement of a settlement agreement at the Superior Court level. This case emphasized the point that, under O.C.G.A. § 34-9-105(b), if a Superior Court does not hear (or continue hearing on) an appeal from a decision by the Board within 60 days from the date of docketing, the Board?s decision ?shall be considered affirmed by operational law.? Accordingly, the decision of the State Board of Workers? Compensation approving the settlement agreement was affirmed by operation of law as the Superior Court lost jurisdiction to enter any order at a later date.

This case emphasizes the importance for both attorneys for claimants and attorneys for employer/insurers to carefully study and follow the rules for appealing cases in Georgia. It has been my opinion for some time that the workers? compensation appeals process in Georgia should be streamlined by eliminating the Superior Court?s role in the appellate process. Workers? compensation cases are heard by Administrative Law Judges throughout the state. After an Award is issued, the aggrieved party may file an appeal to the full Board, a three judge panel, which constitutes the State Board of Workers? Compensation. Thereafter, an appeal may be made to the Superior Court of the Judicial District covering the county in which the original accident occurred. Next, there is the opportunity for a discretionary appeal to the Georgia Court of Appeals. Finally, there is a possibility of a discretionary appeal to the Georgia Supreme Court.

While the law would have to be changed, it would greatly streamline the system in workers? compensation cases if cases were directly appealable from the State Board of Workers? Compensation to the Georgia Court of Appeals. I have found in my experience that many superior court judges do not deal regularly with workers? compensation cases. Moreover, many have to do extensive research regarding workers? compensation law and may not understand or appreciate the nuances of this narrow area of practice.

If you or a loved one has been injured in Douglasville, Douglas County, GA, or throughout Georgia, please feel free to call our office for a free and confidential phone consultation.

Full post as published by Georgia Law Blog on December 06, 2008 (boomark / email).