Terrell B. Ross injured his back during the course of his employment with Ready Mix USA, Inc. a/k/a Aggregates USA “Ready Mix” and filed a claim for workers’ compensation benefits. Following a hearing at which Ready Mix and its insurer, Liberty Mutual Insurance Company “Liberty Mutual”, failed to appear, an administrative law judge “ALJ” of the State Board of Workers’s Compensation the “Board” awarded Ross temporary total disability benefits “TTD”, authorized certain medical procedures, and ordered the assessment of attorney fees and litigation expenses in favor of Ross. After the Appellate Division of the Board adopted the ALJ’s award, Ready Mix and Liberty Mutual also collectively referred to as “Appellants” appealed to the Superior Court of Jones County. 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 Appellants’s application for discretionary appeal. On appeal, Ready Mix and Liberty Mutual contend that the superior court erred in failing to reverse the Appellate Division’s adoption of the ALJ’s award on the grounds that 1 Appellants were not provided with proper notice of the hearing; 2 the ALJ improperly admitted and considered Ross’s medical records; 3 the ALJ improperly denied Appellants’s motion to withdraw or amend their admissions; and 4 attorney fees and costs should not have been awarded in the absence of adequate notice. For the reasons set forth below, we affirm. On appeal from an award of the Appellate Division of the State Board of Workers’ Compensation, this Court examines the record to see if there is competent evidence to support the award and construes the evidence in a light most favorable to the prevailing party. Further, it is axiomatic that the findings of the State Board of Workers’ Compensation, when supported by any evidence, are conclusive and binding, and that neither the superior court nor this Court has any authority to substitute itself as a fact finding body in lieu of the Board. Punctuation and citation omitted. Harris v. Peach County Bd. of Commrs. , 296 Ga. App. 225 674 SE2d 36 2009. Construed in the light most favorable to Ross, the evidence demonstrates that Ross was employed by Ready Mix as a maintenance worker. On the day of his injury, December 28, 2009, Ross was using a sledgehammer to swing a heavy ball hooked to a crane when he started feeling pain and tightening in his back. Although Ross immediately reported the injury to his supervisor, he was not provided with Ready Mix’s panel of physicians at that time. About a week later, when Ross began to feel pain emanating out from his lower back, he again advised his supervisor about the December 28, 2009, injury. At that point, Ready Mix sent Ross for an evaluation, where Ross was diagnosed with lumbar and thoracic back strain caused by his work. The evaluating physician put Ross on restrictive duty at work and prescribed Ross with physical therapy and medication. A few weeks later, Ross selected and began seeing his primary authorized treating physician, who recommended that Ross undergo a cervical MRI. Ross’s primary authorized treating physician subsequently referred Ross to an authorized orthopaedic spine specialist for further evaluation and treatment; the orthopaedic spine physician recommended that Ross receive facet injections in his lower back. Ross testified that the orthopaedic spine physician took Ross out of work completely as of May 28, 2010. A work status report completed on May 28, 2010, by the offices of Ross’s orthopaedic spine physician indicated that Ross was totally disabled until his next doctor’s appointment or pending the Board’s approval for facet injections.
Ross requested a hearing and sought authorization of a cervical MRI and lumbar facet injections; TTD benefits beginning May 28, 2010; a 15 penalty for nonpayment; and assessment of attorney fees and litigation costs. Ross also served Ready Mix and Liberty Mutual with written discovery requests, including requests for admissions, interrogatories, and requests for production of documents. Pursuant to the notice of hearing, Ross’s claim was heard before the ALJ on July 13, 2010. Neither Ready Mix nor Liberty Mutual appeared at the hearing; nor had they responded to Ross’s discovery requests. Ross testified at the hearing that he was unable to work pending further treatment.
