Bibb County Bd. of Educ. v. Bembry

The worker's compensation board was entitled to resolve the conflicting expert evidence by crediting the authorized treating physician's opinion over the opinion of the claimant's personal physician.

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In this workers’ compensation action, we granted Bibb County Board of Education’s application for discretionary review to determine whether the superior court exceeded its authority in reversing the decision of the State Board of Workers’ Compensation, which held that Bembry was not entitled to further benefits as her work-related injury had resolved. As the decision of the Board was supported by some evidence, we reverse. In reviewing an award of workers’ compensation benefits, both the superior court and this Court are required to construe the evidence in a light most favorable to the party prevailing before the State Board. It is axiomatic that the findings of the Board, 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. Citations and punctuation omitted. Reid v. Ga. Bldg. Auth .1 The evidence, so construed, demonstrates that on April 14, 2004, Bembry, a sixth-grade social studies teacher for Bibb County Board of Education BOE, was injured when she fell over a box of books at a teachers’ meeting. BOE arranged for Bembry to visit Dr. Gary Godlewski the same day, and he diagnosed her with multiple sprains of the lumbar and leg. As the authorized treating physician, Dr. Godlewski eventually saw Bembry approximately ten times, and on her final visit of June 28, 2004, he opined that the muscular sprains resulting from the work-related injury had resolved and that her continued pain was related to a pre-existing condition.

Dr. Godlewski advised Dr. Wilson, Bembry’s personal physician, of his conclusions and requested that Dr. Wilson examine Bembry and report as to whether he agreed that she had returned to a baseline of her previous condition. Dr. Wilson responded in a July 7, 2004 letter, expressing his “definitive” opinion that Bembry’s previous condition was aggravated by the fall and that she had not returned to her pre-injury baseline.

Bibb County Bd. of Educ. v. Bembry

The worker's compensation board was entitled to resolve the conflicting expert evidence by crediting the authorized treating physician's opinion over the opinion of the claimant's personal physician.

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