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Aldrich v. City of Lumber City

Claimant could be ordered to repay total disability benefits back to the date he ceased to be disabled, even if that date preceded the date the workers' compensation board last determined his injuries were compensable.

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Bobby Aldrich’s application for discretionary review was granted to consider the superior court’s affirmance of a workers’ compensation award in favor of the City of Lumber City, the City of Alamo, the Georgia Municipal Association Workers’ Compensation Fund, and Sedgwick James of Georgia, Inc., “Sedgwick James” the servicing agent. The judgment obligates Aldrich to repay the amount of total disability benefits he received over a several year period during which Aldrich was employed and about which he failed to notify his former employer, the City of Lumber City, or its insurer. Aldrich appeals, contending that the principle of res judicata and the existence of a 1994 settlement agreement foreclosed this result.

In August 1989, while on duty as a police officer for Lumber City, Aldrich sustained a compensable injury when he experienced a “lightning sting” which aggravated his pre-existing diabetic condition. Aldrich asserted that certain medical complications relating to his right foot were caused when lightning struck a nearby pole then exited the top of his shoe. Although Lumber City controverted Aldrich’s claim and the ALJ denied benefits, on May 3, 1991, the Appellate Division of the State Board of Workers’ Compensation “appellate division” decided 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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