Boyd & Jenerette Prevails at Appellate Level in Georgia Workers’ Compensation Claim

February 21, 2018 by on News

At a hearing before the ALJ of the State Board of Workers' Compensation in Georgia, Boyd & Jenerette successfully defended against a claim brought by a longshoreman injured in the course and scope of employment.  The longshoreman contended that his injuries were such that he continued to suffer a disability for which he was entitled to ongoing indemnity and medical benefits.  Shareholder Mark Eckels, on behalf of the Employer/Carrier, argued that the injury resulted in a temporary aggravation only that returned to its pre-existing baseline, thus eliminating any continued entitlement to medical and indemnity benefits. 

The ALJ ruled in favor of the Employer/Carrier.  The Claimant then took an appeal of that decision to the Appellate Division of the State Board.  Following briefing and oral arguments, the Appellate Division affirmed the decision of the ALJ.  Not satisfied, the Claimant then took an appeal of that decision to the Superior Court of Georgia in Chatham County.  Again, after briefs and oral argument, the Superior Court ruled in favor of the Employer/Carrier and upheld the prior decisions of the ALJ and Appellate Division of the State Board of Workers' Compensation.

Mark K. Eckels
Shareholder / Practice Group Leader
Direct: 904.353.6244

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