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