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McDuffie v. Ocmulgee EMC

Although there was some evidence supporting the administrative law judge's determination that the workers' compensation claimant experienced a change in condition for the better and was able to return to work, the ALJ failed to make factual findings regarding whether the employer met its burden of proving that suitable work was available for the claimant, such that the employer could discontinue his indemnity benefits.

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Kasabian McDuffie injured his right knee in 2009 while working as a meter reader/right-of-way laborer for Ocmulgee EMC EMC, and EMC initially paid him workers’ compensation indemnity benefits. EMC subsequently suspended those benefits and then fired McDuffie for falsely omitting his prior knee injury and his permanent sedentary work restrictions from his job application with EMC. Following a hearing, an administrative law judge ALJ on the State Board of Workers’ Compensation the Board denied McDuffie’s request for reinstatement of his indemnity benefits, and the Board’s Appellate Division and the Superior Court affirmed. This Court granted McDuffie’s application for discretionary review, and he appeals, contending that the superior court erred in affirming the ALJ’s decision.1 After a thorough review of the record, we find that the evidence supports the ALJ’s finding that McDuffie experienced a change in condition for the better. Nevertheless, as set forth below, the ALJ failed to make factual findings regarding whether EMC met its burden of proving that suitable work was available for McDuffie, such that EMC could discontinue his indemnity benefits. Accordingly, we affirm the judgment in part, vacate in part, and remand this case for additional findings.

In reviewing an award of workers’ compensation benefits, . . . this Court is required to construe the evidence in a light most favorable to the party prevailing before the ALJ. . . . Bibb County Bd. of Educ. v. Bembry, 286 Ga. App. 878 650 SE2d 427 2007.

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