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Brasher v. US Xpress Enters. Inc.

The ALJ erred in appointing a certain doctor as the workers' compensation claimant's treating physician.

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Ronald Brasher was injured during the course of his employment with US Xpress Enterprises “US Express” and filed a claim for workers’ compensation benefits. Following a hearing, an administrative law judge “ALJ” of the State Board of Workers’ Compensation the “Board” awarded Brasher temporary total disability “TTD” benefits for the period between March 21, 2012 and April 5, 2012; denied Brasher additional benefits based on his refusal of light-duty work; appointed a treating physician; and ordered US Express to pay for treatment. After the Appellate Division of the Board adopted the ALJ’s award, Brasher appealed to the superior court. As a result of the superior court’s failure to enter a timely decision, the Appellate Division’s award was affirmed by operation of law.1 See OCGA § 34-9-105 b. We granted Brasher’s application for discretionary appeal.

On appeal, Brasher contends that: 1 he was entitled to choose his own physician rather than have one appointed for him and have the expenses paid for by US Express because it failed to conform to OCGA § 34-9-201 c and f; 2 the Board erred in finding that the light-duty job that he was offered was suitable and that his reasons for refusing the job were unjustified; 3 the Board erred in failing to award additional TTD benefits; 4 the Board erred in failing to assess a 15 percent late penalty; and 5 the Board violated his due process and equal protection rights. For the reasons that follow, we affirm in part and reverse in part.

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