The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Laverne Burnsv.State Of Georgia Department Of Administrative Services

CourtCourt of Appeals of Georgia
Docket No.A14A1801
DecidedMarch 5, 2015
Reporter331 Ga. App. 11; 769 S.E.2d 733
JudgesCourt of Appeals of Georgia, Second Division; Presiding Judge Andrews and Judges McFadden and Ray; Judge McFadden authored the opinion
Tags
CivilAdministrative LawStatutory InterpretationStandard of ReviewEvidenceReversalRemand
Case Summary

LaVerne Burns, a state employee injured when her chair collapsed, received workers’ compensation benefits and continued working until the State terminated her employment in 2012. An administrative law judge found that the stated reasons for termination were pretextual and that Burns was fired because of her work injury, then awarded temporary total disability benefits. The Board’s Appellate Division upheld the award, but the superior court set it aside, reasoning that Burns had to show a diligent job search or that she had been working under restrictions. The Court of Appeals of Georgia reversed and remanded. The superior court apparently lacked the transcript of the relevant evidentiary hearing and therefore could not properly review the Board’s findings under the required deferential standard. It also misread Georgia law: under Padgett, a job search is one way to prove causation when termination is unrelated to the injury, not a separate element in every claim. If the injury caused the termination, proof of that causal link may establish entitlement to benefits. The Board’s pretext finding could satisfy that requirement, but the superior court had not reviewed it. The case returned for further proceedings, including consideration of the missing transcript and the pretext finding.

Opinion

Loading published copy…

The Far Side