In this workers’ compensation action, claimant Tedral Ogletree filed a claim for reinstatement of medical and temporary total disability “TTD” income benefits from his former employer, R. R. Donnelley,1 and its insurer, AIG International Insurance Company c/o Gallagher Bassett Services collectively, “R. R. Donnelley” or “the employer”. Ogletree claimed that he sustained a compensable fictional new accident arising out of and in the course of his employment with R. R. Donnelley, and that he was unable to obtain suitable subsequent employment due to the aggravation of his injury. Following an evidentiary hearing, a State Board of Workers’ Compensation administrative law judge “ALJ” issued an award in Ogletree’s favor, finding that Ogletree had sustained a fictional new accident and that Ogletree had performed a diligent, but unsuccessful, search for suitable employment, as required under Maloney v. Gordon County Farms , 265 Ga. 825 462 SE2d 606 1995. The Board’s appellate division affirmed the ALJ’s findings as to a fictional new accident, but reversed the award of TTD benefits based upon its finding that Ogletree had not performed a diligent job search. On further appeal, the superior court affirmed the Board’s finding of a fictional new accident. The superior court, however, reversed the Board’s finding that Ogletree had not performed a diligent job search and reinstated the ALJ’s award. We granted R. R. Donnelley’s application for discretionary appeal. For the reasons that follow, we affirm the superior court’s decision. On appeal of an award or denial of workers’ compensation benefits, the superior court may not substitute its findings for the appellate division’s findings of fact. . . . Even if the appellate division’s reweighing of the evidence resulted in a conclusion different from that of the ALJ, the superior court must affirm the appellate division if there is any evidence to support its conclusion. Punctuation and footnotes omitted. Medders v. Smith , 245 Ga. App. 323, 325 1 537 SE2d 153 2000. However, the appellate division’s decisions based on erroneous legal theories are subject to the de novo standard of review. Trent Tube v. Hurston , 261 Ga. App. 525 583 SE2d 198 2003. The record evidence shows that Ogletree began working for the employer in March 1997 as an assistant pressman. Ogletree’s duties required repetitive lifting of heavy stock, as well as bending, stretching, and pulling. On October 10, 2002, Ogletree suffered a work-related injury to his neck and upper extremities. Ogletree underwent carpal tunnel surgery and received wage, medical, and permanent partial disability “PPD” benefits.
Ogletree returned to work in June 2003 on a light-duty basis with permanent restrictions from his treating physician of no lifting, pushing, or pulling more than 15 pounds. He then began to work in the Fulfillment Department, which required him to bend, stack, and lift boxes. Some of the boxes that Ogletree lifted weighed as much as 30 pounds, and he exceeded his work restrictions 40 of the time. Ogletree complained to his supervisors of increasing pain in his upper extremities as he continued to work.
