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Georgia: Second Fall at Home Broke Chain of Causation Related to Earlier Injury

October 03, 2021 (1 min read)

Emphasizing that it was for Georgia’s State Board of Workers’ Compensation to resolve a conflict in the evidence and not for the superior court, which initially reviewed the Board’s decision, a state appellate court reversed and remanded a case in which the Board had found that a worker’s slip and fall at his home was not causally connected to an earlier work-related injury because the worker had already recovered before sustaining the second injury. The appellate court noted that a physician had opined that, subsequent to the work-related injury, and before the fall at his residence, the worker had reached MMI. The worker also had been released for light duty. The fall at home was a subsequent, intervening cause of the worker’s current condition. It was error for the superior court to substitute its judgment for that of the Board.

Thomas A. Robinson, J.D., the co-Editor-in-Chief and Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis 

See Express Empl. Professionals v. Barker, 2021 Ga. App. LEXIS 426 (Aug. 26, 2021)

See generally Larson’s Workers’ Compensation Law, § 10.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see

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