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Thomas v. Fulton County Bd. of Educ.

The State Board of Workers' Compensation incorrectly applied O.C.G.A. § 34-9-260 when calculating the claimant's average weekly wage.

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Merita Thomas filed an application for discretionary appeal from a superior court order affirming the State Board of Worker’s Compensation “the Board”, which had overruled an Administrative Law Judge’s “ALJ” award to Thomas.1 Thomas argues that the superior court erred by affirming the Board’s order because 1 the Board incorrectly applied OCGA § 34-9-260 when calculating her average weekly wage; and 2 the Board incorrectly found that her second summer job was not concurrent employment for purposes of average weekly wage calculation. For the reasons that follow, we reverse and remand for further proceedings.

When reviewing awards in workers’ compensation cases, both the appellate court and the superior court must construe the evidence in the light most favorable to the party prevailing before the appellate division of the State Board of Workers’ Compensation. It is axiomatic that the findings of the State Board of Workers’ Compensation, when supported by any evidence, are conclusive and binding.2

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