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Aldrich v. City of Lumber City

The state workers' compensation board could not modify claimant's benefits based on a change in condition retroactively to a date that was earlier than the date the board originally made the award.

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In this discretionary appeal of a workers’ compensation award, Bobby Aldrich seeks to overturn the superior court’s affirmance of the award in favor of the City of Lumber City, the City of Alamo, and their insurer and servicing agent. The judgment ordered Aldrich to repay total disability benefits he received while secretly working for other employers. Because a portion of the retroactive change of condition award in this case violated the express limitation of OCGA § 34-9-104 d 1 and the principles of res judicata, we reverse and remand for further proceedings consistent with this opinion.

In August 1989, while Aldrich was on duty as a police officer for Lumber City, lightning struck a nearby utility pole and some of the electrical energy passed through his foot. Aldrich contended this “lightning sting” aggravated his pre-existing diabetic condition and caused medical complications affecting his right foot. Although Lumber City controverted Aldrich’s claim and the ALJ denied benefits, on May 3, 1991, the appellate division concluded that Aldrich’s claim was compensable and awarded benefits. The appellate division directed Lumber City to pay medical expenses as well as weekly income benefits commencing September 22, 1989, and “continuing until changed or terminated according to law.”

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