Holder v. City of placeCityAtlanta

The trial court could not render its untimely order remanding this workers' compensation case to the State Board of Workers' Compensation timely by entering it nunc pro tunc.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

We granted this discretionary appeal to review an order of the superior court denying Richard Holder’s demand for judgment on an agreement, approved by the State Board of Workers’ Compensation, that settled Holder’s workers’ compensation dispute with his employer, the City of Atlanta. Because the superior court’s order relied on an earlier void order, we are constrained to reverse. The issue before us turns on a question of legal error. “Erroneous applications of law to undisputed facts, as well as decisions based on erroneous theories of law, are subject to the de novo standard of review.” Trent Tube v. Hurston .1 The undisputed record shows that on January 25, 2007, the Board approved an agreement settling certain workers’ compensation claims based on injuries Holder sustained while employed by the City. The City subsequently challenged the approval of the agreement in the superior court, apparently arguing that a nearly identical agreement had already been approved two days prior. This Court’s appellate record does not contain the alleged prior agreement. On June 25, 2007, the superior court entered an order remanding the case to the Board to resolve the factual dispute over which agreement governed. According to that order, the superior court had held a hearing on May 25, 2007, but it did not enter its order until June 25, 2007, purporting to issue the order nunc pro tunc June 13, 2007.

In July 2007, the City sought discretionary review of the June 25 order, which this Court granted, but the appeal was later dismissed after the City failed to file an appellate brief. On December 21, 2007, Holder filed in the superior court a “Corrected Demand for Judgment,” seeking to enforce the January 25, 2007 settlement agreement. The superior court denied Holder’s demand, citing its earlier order remanding the case to the Board. It is that denial which Holder now appeals.

Holder v. City of placeCityAtlanta

The trial court could not render its untimely order remanding this workers' compensation case to the State Board of Workers' Compensation timely by entering it nunc pro tunc.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report