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Emory Univ. v. Duval

The superior court should have affirmed the State Board of Workers' Compensation's denial of the former employee's benefits claim on the basis that some evidence supported its decision that her history of shoulder pain predated her compensable December 2010 injury.

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In this workers’ compensation action, claimant Sandra Stennett Duval sought benefits from her former employer, Emory University, for what she claimed was aggravation of a compensable right-shoulder injury. The administrative-law judge “ALJ” awarded benefits to Duval, but the Appellate Division of the State Board of Workers’ Compensation the “Board” reversed, finding that the aggravation of the right-shoulder injury was not work-related. The superior court then reversed and remanded to the Board, ordering it to address why it did not accept the evidence relied upon by the ALJ in awarding benefits. We granted Emory University’s application for discretionary review and, because the superior court applied the incorrect standard of review in reversing the Board’s award, we reverse.

The record reflects that Duval was employed with Emory University Hospital Midtown as a nurse from October 2008 until she was terminated in January 2013. Duval worked in the telemetry unit with cardiac patients when, on December 3, 2010, it is undisputed that she suffered a compensable injury to her right shoulder while lifting a patient. At that moment, Duval felt an “immediate pop” in her right shoulder.

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