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Goswick v. Murray County Bd. of Educ.

The ALJ was authorized under the plain language of O.C.G.A. § 34-9-202 a to require that the employee undergo a physical examination by his treating physician to continue to receive disability payments.

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In this workers’ compensation case, Wayne Goswick appeals an administrative law judge’s decision adopted by the Workers’ Compensation Board and affirmed by the trial court to suspend his disability payments because of his failure to undergo a physical examination requested by his employer Murray County Board of Education and ordered by the ALJ. We hold that OCGA § 34-9-202 authorized the ALJ’s decision under these circumstances, and we therefore affirm. The standard of review in workers’ compensation appeals is clear: In the absence of legal error, the factual findings of the State Board of Workers’ Compensation must be affirmed by the superior court and by the Court of Appeals when supported by any evidence in the administrative record. However, 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. Citation omitted. Trent Tube v. Hurston .1

Construed in favor of the ALJ’s decision which was adopted by the Board, the evidence shows that after experiencing a knee injury on the job in 2001 exacerbated in 2002, Goswick began receiving disability payments from his employer and medical treatment from Dr. Herndon. Following lengthy treatment, Dr. Herndon determined that absent a knee replacement, no further medical treatment was at that time possible, and that Goswick should return to Dr. Herndon when Goswick felt such was necessary. Goswick ceased seeing Dr. Herndon, and disability payments continued.

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