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Willis v. McClain Indus. of Ga. Inc.

The trial court properly denied the plaintiff's petition to enforce his workers' compensation award where the evidence showed that the defendants paid the award to the Child Support Enforcement Unit, pursuant to a valid lien.

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Dorian Willis obtained a Workers’ Compensation award against his employer, McClain Industries of Georgia, Inc. and its insurer. Pursuant to OCGA § 34-9-106, Willis petitioned the Bibb County Superior Court to enforce the award. The superior court denied the petition, and this appeal ensued. For reasons that follow, we affirm. The relevant facts show that on May 8, 2001, an administrative law judge with the State Board of Workers’ Compensation awarded Willis $6,246 in income benefits.1 Evidently, when the award was entered, the Child Support Enforcement Unit had a valid lien on the award.2 According to McClain Industries and its insurer, they “had no choice but to pay the award to the Child Support Enforcement Unit.” Thereafter, Willis petitioned the superior court to enforce the award of the State Board. The superior court declined, finding that McClain Industries and its insurer “have already made timely payment of the . . . Award . . . subject to a valid, enforceable lien held by the Child Support Enforcement Unit.”

1. Willis argues that the superior court “erred by holding an evidentiary hearing, questioning witnesses and acting as a ‘fact-finding’ body in excess of the authority and jurisdiction granted to it pursuant to the Workers’ Compensation Act.” We disagree.

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