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McAdoo v. Metropolitan Atlanta Reg'l Transit Auth.

The superior court erred in finding that the workers' compensation claimant failed to provide timely notice of his claim to his employer pursuant to O.C.G.A. § 34-9-80.

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Phillip R. McAdoo, a bus driver for Metropolitan Atlanta Regional Transit Authority “MARTA”, filed a worker’s compensation claim seeking income and medical benefits for an alleged work-related, gradual-onset back injury. The State Board of Worker’s Compensation “the Board” awarded McAdoo benefits, but the superior court reversed the award, concluding that although the record supported the Board’s factual findings with regard to causation, McAdoo failed to give proper notice of his claim to MARTA. In Case No. A13A2006, McAdoo appeals the superior court’s order, arguing that the court erred by reversing the Board’s award on the basis that he failed to give MARTA sufficient notice of his injury pursuant to OCGA § 34-9-80. We agree and reverse. In Case No. A13A2007, MARTA appeals, arguing that the trial court erred by affirming the Board’s award as to causation and by not correcting the date of McAdoo’s injury. We affirm in Case No. A13A2007.

On appeal, we construe the evidence in the light most favorable to McAdoo as the party that prevailed before the Board, and every presumption in favor of the Board’s award is indulged. If any evidence supports the Board’s findings, those findings are binding and conclusive, and we may not substitute ourselves as a fact finding body in lieu of the Board.1

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