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Mix v. Allied Readymix

The superior court erred in reversing the ALJ's determination that the claimant suffered a 10 percent permanent partial disability because the conflicting evidence showed that his disability ranged from 5 to 15 percent.

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We granted Darryl Mix’s application for discretionary appeal to determine whether the superior court erred in reversing a workers’ compensation award entered by the Appellate Division of the State Board. Because the findings of the Board were supported by some evidence, the trial court erred by finding otherwise. See OCGA § 34-9-105 b.

Darryl Mix was injured on October 31, 1997, when the cement truck he was driving overturned. Mix sustained transverse process fractures at L2, L3, and L4. After substantially recovering from the compensable injury to his back, Mix was released to full duty. About five months after the rollover incident, Lawrence N. Reckles, M.D., evaluated Mix and issued a five percent permanent partial disability rating to the body as a whole. Two months prior to the evaluation by Dr. Reckles, Mix obtained an independent medical evaluation from Simon Portee, M.D., who issued a 15 percent permanent partial disability rating. While examining Mix, Dr. Portee noted, “pain to percussion over the lumbar-sacral spine. Pain elicited over interspinous ligaments when attempting to bend over.” Dr. Portee’s impression was “lumber spine radiculopathy.” In assigning the disability rating, Dr. Portee used the AMA Guide to the Evaluation of Permanent Impairment, 4th ed., Table 74, p. 111.

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