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Heritage Healthcare of Toccoa v. Ayers

The superior court was authorized to set aside the Appellate Division of the State Board of Workers' Compensation's attorneys' fee award upon finding that it did not act within the scope of its discretion, erroneously applied the law to undisputed facts and otherwise rendered a decision that was contrary to law.

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In this workers’ compensation appeal, the amount of disability benefits and the employer’s liability for attorney fees have been established. The only issue on appeal is the amount of attorney fees assessed against the employer. The Appellate Division of the State Board of Workers’ Compensation “the Board” fixed the award at a lump sum based on the employee’s weekly benefit from the date of injury to just before the final hearing, when the employer paid an uncontested late-payment penalty. The employee appealed to the superior court, which ruled that the employee is entitled to continuing add-on attorney fees relating to future benefit payments and to fees based on the late-payment penalty. Pursuant to a granted application for discretionary appeal under OCGA § 5-6-35 a 1, the employer appeals, contending, inter alia, that the Superior Court of Stephens County erred in setting aside the Board’s decision. For the reasons explained below, we affirm.

In resolving this appeal, we must keep in mind the various standards of review applicable in a workers’ compensation case.

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