Mckenney'S Inc. Et Al.v.Kevin Sinyard
Kevin Sinyard, a former union pipefitter, was diagnosed with mesothelioma after years of occupational exposure to asbestos. He sought workers’ compensation benefits, and the State Board denied the claim. The superior court reversed the Board, but the Court of Appeals reversed the superior court and reinstated the Board’s decision. The appellate court emphasized that the superior court reviews Board findings under the any-evidence standard and may not substitute its own fact-finding for the Board’s. A legal error or an award based on an erroneous legal theory receives de novo review, but the record did not affirmatively show that the Board misunderstood the law. Because competent evidence supported the Board’s decision and the Board’s reasoning could be read in a way that upheld the award determination, the superior court erred in setting it aside. The published decision is notable for its treatment of occupational disease, administrative deference, and the narrow scope of judicial review in Georgia workers’ compensation cases.
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