The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

The Avrett Plumbing Co., Et Al.v.Marlon Castillo

CourtCourt of Appeals of Georgia
Docket No.A16A1808
DecidedMarch 10, 2017
JudgesCourt of Appeals of Georgia
Tags
CivilEmployment LawAdministrative LawStatutory InterpretationReversalDissentEn Banc
Case Summary

Marlon Castillo sought workers’ compensation benefits after an employment-related incident. The administrative law judge awarded benefits, but the Appellate Division of the State Board of Workers’ Compensation vacated the award, and the superior court reversed the Appellate Division. The Court of Appeals, sitting as a whole court, reversed the superior court and reinstated the administrative disposition. The majority held that the reviewing court had improperly substituted its judgment for the agency’s factual determination about whether Castillo remained a continuous employee under the governing workers’ compensation law. The record supported the Appellate Division’s interpretation and the court was required to defer to supported agency findings. Several judges concurred in the judgment only, and one judge dissented, concluding that the proper remedy was to vacate and remand for a complete analysis.

Opinion

Loading published copy…

The Far Side