The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Sheryl Danielv.Bremen-Bowdon Investment, Co. Et Al.

CourtCourt of Appeals of Georgia
Docket No.A18A1764
DecidedJuly 14, 2021
Reporter348 Ga. App. 803
JudgesCourt of Appeals of Georgia
Tags
CivilWorkers' CompensationStatutory InterpretationAppellate ProcedureReversalVacaturRemand
Case Summary

Sheryl Daniel sought workers’ compensation benefits after the Supreme Court of Georgia vacated an earlier Court of Appeals decision and remanded for reconsideration under its intervening decision in Frett. The Court of Appeals of Georgia revisited whether Daniel’s injury arose during a compensable break while she was away from her work duties. Applying the Supreme Court’s interpretation of the Workers’ Compensation Act, the court held that the scheduled-break rule could not defeat compensability on the record presented. It therefore vacated its earlier judgment, reversed the superior court’s order upholding the Board’s denial of benefits, and vacated and remanded the attorney-fee award for reconsideration. The decision illustrates the effect of an intervening high-court ruling on a previously decided workers’ compensation appeal.

Opinion

Loading published copy…

The Far Side
Sheryl Daniel V. Bremen-Bowdon Investment, Co. Et Al. — The Atlanta Gleaner