St. Joseph's Hospital v. Ward

In this discretionary appeal, St Joseph’s Hospital appeals from a superior court’s order reversing a decision of the Appellate Division of the State Board of Worker’s Compensation. For the reasons set forth below, we reverse. In resolving this appeal, we must keep in mind the various standards of review applicable in this case. The Board’s appellate division is authorized to review the evidence adduced before the ALJ, weigh that evidence, and assess witness credibility. If the appellate division determines that the preponderance of evidence supports the ALJ’s decision, it will accept and affirm that award. But, if the appellate division concludes that the award does not meet the applicable evidentiary standards, it may substitute its own alternative findings for those of the ALJ, and enter an award accordingly. Citations, punctuation and footnotes omitted. Dallas v. Flying J , 279 Ga. App. 786, 787 632 SE2d 389 2006. When reviewing awards in worker’s compensation cases,

both the appellate court and the superior court must construe the evidence in the light most favorable to the party prevailing before the appellate division of the State Board of Workers’ Compensation. “It is axiomatic that the findings of the State Board of Workers’ Compensation, when supported by any evidence, are conclusive and binding. Citations and punctuation omitted. Ray Bell Constr. Co. v. King , 281 Ga. 853, 854 642 SE2d 841 2007.