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Merita Thomasv.Fulton County Board of Education et al.

CourtCourt of Appeals of Georgia
Docket No.A14A2057
DecidedMarch 30, 2015
Reporter331 Ga. App. 828; 771 S.E.2d 482
JudgesCourt of Appeals of Georgia, Fourth Division; Presiding Judge Doyle and Judges Miller and Dillard; Presiding Judge Doyle authored the opinion
Tags
CivilWorkers' CompensationAdministrative LawStatutory InterpretationEmployment LawRemand
Case Summary

Merita Thomas, a Fulton County school-bus driver, was injured after working during the relevant period for both the school system and a company that transported new buses. The State Board of Workers’ Compensation excluded the second job as nonconcurrent employment and calculated her average weekly wage using a summer payment from Fulton County. The superior court affirmed without explanation. The Court of Appeals of Georgia reversed and remanded. Under OCGA § 34-9-260 (1), an injured employee’s average weekly wage is based on wages earned during the preceding 13 weeks when the employee worked in the same type of employment for substantially that period. The statute expressly covers work for the same or another employer. Because Thomas worked as a bus driver for both employers during the 13-week period, the court held that the wages from both jobs had to be considered. The court rejected the Board’s narrow view that employment is concurrent only when the jobs are performed simultaneously. A recurring seasonal arrangement can be concurrent with respect to the calendar year, particularly given the Workers’ Compensation Act’s liberal construction. The court nevertheless found that the administrative law judge had used Thomas’s full-time Fulton County wage for weeks she did not actually work, rather than the total wages earned during the period. The judgment was reversed and the case remanded for a correct calculation.

Opinion

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Merita Thomas v. Fulton County Board of Education et al. — The Atlanta Gleaner