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Burns v. State of Ga. Dep't of Admin. Servs.

The superior court erred in setting aside the award of temporary total disability benefits to the claimant.

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This is a discretionary, pro se appeal from the superior court’s order setting aside an award of temporary total disability benefits made to LaVerne Burns by the State Board of Workers’ Compensation the Board. As a threshold matter, Burns argues that defendants State of Georgia and the State of Georgia Department of Administrative Services collectively, the employer failed to timely appeal the award to the superior court. The record, however, shows otherwise. As to the merits, Burns argues that it was error for the superior court to set aside the award. We agree, because the superior court apparently did not have before her the transcript of the relevant evidentiary hearing when she ruled to set aside the award, and because the superior court incorrectly held that Burns had to demonstrate certain facts not required by the law. Accordingly, we reverse the superior court’s order and remand the case to the superior court for further proceedings not inconsistent with this opinion.

1. Procedural posture.

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