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Fulton County Bd. of Ed. v. Taylor

The Court of Appeals had jurisdiction to entertain a discretionary appeal from the superior court's remand of the appellate division's decision in a workers' compensation case because the remand order had the effect of setting aside the award and the superior court did not purport to retain jurisdiction of the case.

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Nathaniel Taylor, Jr., the claimant in this workers’ compensation case, was employed by the Fulton County Board of Education when he received a compensable injury to his shoulder and neck on October 21, 1999. Medical treatment for Taylor’s injuries was commenced and he returned to work performing light duty activities. On February 7, 2000, as an alternative to involuntary termination of his employment with the Fulton County Board of Education, Taylor chose to resign. The termination of employment was not related to the compensable injury. Thereafter, and through the hearing date, Taylor did not obtain suitable employment.

Taylor is seeking temporary total disability benefits from February 7, 2000, payment of certain medical bills, penalties, and attorney fees. Based on findings that Taylor had conducted a diligent search for work from May 22, 2000 through April 30, 2001, and that Taylor was totally disabled due to his work-related injuries from May 1, 2001, the administrative law judge awarded payment of temporary total disability benefits from May 22, 2000 to the present and continuing into the future. The ALJ also directed payment of attorney’s fees, and certain medical expenses.

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