ABB Risk Management Serv./Georgia Kaolin v. Lord

The superior court erred in reversing the ALJ's finding that the workers' compensation claimant underwent a change in condition where some evidence showed that the claimant performed daily jobs for his partnership.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In 1984, Fred Lord sustained a work related injury while working for Georgia Kaolin International “Georgia Kaolin” and received total disability benefits. In 1999, Georgia Kaolin sought to suspend Lord’s benefits based on a change of condition. According to the employer, Lord was working for Lord & Lord, a partnership he formed with his daughter. Following a hearing, the administrative law judge found a change of condition and granted Georgia Kaolin’s request. The appellate division affirmed that decision, but on appeal, the superior court reversed. We granted Georgia Kaolin’s Application for Discretionary Appeal, and for reasons that follow, we reverse.

The undisputed evidence, as found by the ALJ, shows that in 1997, while Lord was still receiving disability benefits, he formed Lord & Lord with his daughter. Lord owned 51 of the partnership, which purchased seven convenience stores. Over the next two years, Lord assisted his daughter, who is legally blind, in operating the business. Although Lord was not paid a salary by Lord & Lord, he daily drove his daughter to work, the bank, and the post office to conduct partnership business. In addition, Lord himself conducted business with suppliers by telephone and applied for a liquor licence for one of the stores. Lord signed various tax returns for the partnership, in some instances identifying himself as “manager” of the stores. Likewise, in 1997, Lord filed a lawsuit concerning one of the stores in which he alleged that he “operated” two businesses.

ABB Risk Management Serv./Georgia Kaolin v. Lord

The superior court erred in reversing the ALJ's finding that the workers' compensation claimant underwent a change in condition where some evidence showed that the claimant performed daily jobs for his partnership.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report