In this workers’ compensation case, an administrative law judge “ALJ” determined that Richard Roach, a City of Atlanta police officer, sustained a compensable “superadded injury” on March 6, 2006, when he suffered third-degree burns to his left hip after falling asleep on a heating pad. Roach’s hip had been fractured in a work-related incident in 2004. The appellate division of the State Board of Workers’ Compensation the “Board” reversed the ALJ’s decision, with one judge dissenting. Roach appealed to the superior court, which set aside the Board’s award and reinstated the ALJ’s award. We granted the application for discretionary appeal filed by the City of Atlanta and Novapro Risk Solutions, LP, the City’s servicing agent collectively the “City”. For the reasons that follow, we reverse the judgment of the superior court insofar as it ruled that Roach sustained a superadded injury. However, we hold that the issue of attorney fees awarded by the ALJ is moot. In reviewing a workers’ compensation award, both this Court and the superior court must construe the evidence in the light most favorable to the party who prevailed before the Board.1 The Board’s factual findings are conclusive and binding on a reviewing court when supported by any evidence,2 and neither this Court nor the superior court is authorized to substitute itself as a fact finding body in lieu of the Board.3
Viewed in the light most favorable to the City, the evidence adduced at the hearing before the ALJ reveals that on May 13, 2004, Roach was driving his police vehicle when he was struck head-on by a drunk driver. The police vehicle burst into flames, and Roach had to be physically extracted from it. Due to swelling and hematomas in his brain, Roach was placed in a medically-induced coma for two weeks. In addition to the traumatic brain injury, Roach suffered a fractured left hip and pelvis. While he was in a coma, his hip was reconstructed with wire, screws, and rods. On August 23, 2005, Roach’s authorized treating physician assessed him a 12 percent whole-body permanent partial disability based on impaired cognition and impaired gait. The physician indicated that Roach functioned at a medium duty work level.
