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Ronald Brasherv.US Express Enterprises

CourtCourt of Appeals of Georgia
Docket No.A14A0597
DecidedJuly 8, 2014
Reporter328 Ga. App. 20, 761 S.E.2d 448 (2014)
JudgesJudge Miller authored the opinion; Presiding Judge Doyle and Judge Dillard concurred
Tags
CivilEmployment LawWorkers' CompensationAdministrative LawStatutory InterpretationDue ProcessReversalRemand
Case Summary

Ronald Brasher, a long-haul truck driver for US Xpress Enterprises, was injured while connecting a trailer and sought workers’ compensation benefits. An administrative law judge awarded temporary-total-disability benefits for March 21 through April 5, 2012, appointed a treating physician, and denied further benefits after Brasher refused a light-duty position; the Board adopted that award, and it was affirmed by operation of law when the superior court failed to rule timely. The Court of Appeals held that US Xpress had not shown compliance with Georgia’s physician-panel and medical-treatment procedures, so Brasher was entitled to select his own treating physician and have the related medical expenses paid. The Court nevertheless upheld the finding that the light-duty job fit Brasher’s restrictions and that his refusal was unjustified, leaving the limited benefits award intact. Because the record did not show that US Xpress had paid the benefits when due, the Court awarded the statutory 15 percent penalty. It rejected Brasher’s due-process and equal-protection claims. The judgment was affirmed in part and reversed in part.

Opinion

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