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Aldrich v. City of Lumber City

O.C.G.A. § 34-9-104 a 1 does not authorize the Workers' Compensation Board to order repayment of benefits based on a change in condition prior to date of the most recent award.

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On August 25, 1989, appellant Bobby Aldrich, then a police officer for Lumber City, was struck by lightning while he was on duty. He sought workers’ compensation benefits, alleging the lightning strike aggravated his pre-existing diabetes and caused other injuries. An administrative law judge of the State Board of Workers’ Compensation “Board” initially denied his request for benefits. On May 3, 1991, however, the appellate division of the Board awarded him total disability benefits.

On July 31, 1994, Aldrich accepted employment with the City of Alamo as a police officer. Three months later, Aldrich had an automobile accident while on duty and sought workers’ compensation benefits as a result of that accident, or in the alternative a change of condition in the injuries resulting from the lightning strike suffered while he was employed by Lumber City. Lumber City discovered that Aldrich was employed by the City of Alamo, suspended Aldrich’s total disability benefits received as a result of the lightning strike, and sought to controvert his new claim for benefits for the automobile accident. At an evidentiary hearing before the Board, a claims adjuster for the insurer for Lumber City denied knowledge of Aldrich’s return to work with the City of Alamo, in spite of Aldrich’s testimony to the contrary. In addition, Aldrich admitted that he had not informed the Board he had accepted employment with the Department of Family and Child Services “DFACS” in 1991 while his appeal was pending from the denial of his initial request for benefits, or that he had accepted employment as a security guard at a fast food restaurant in 1992. Aldrich also admitted he knew he was not entitled to the benefits and had not returned any of the money to his employer. The ALJ found Aldrich’s testimony less than credible and noted several instances where Aldrich had engaged in deceptive behavior, but did not make a specific finding of fraud.

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