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Wilkinson County Boev.Harold Johnson

CourtCourt of Appeals of Georgia
Docket No.A12A0996
DecidedSeptember 6, 2012
JudgesCourt of Appeals of Georgia
Tags
CivilWorkers' CompensationEmployment LawGovernment LawTort LawStatutory InterpretationAppellate ProcedureVacaturRemand
Case Summary

Harold Johnson, a high-school principal and athletic director, became ill while returning from a work-related trip to inspect donated computers. He suffered an aortic dissection, was taken to a hospital, and died days later from complications. His widow sought workers’ compensation dependency benefits, but the administrative law judge and State Board denied the claim, reasoning that Johnson was not found dead at a place where he could reasonably be expected to work. The superior court reversed and held that the employment presumption applied. The Georgia Court of Appeals vacated that order and the Board and ALJ rulings. It held that the presumption can apply when an employee becomes ill at work and dies later at a hospital, but it does not arise unless the precipitating cause of death is unexplained. The superior court also improperly substituted itself as factfinder and did not determine whether Johnson was performing job duties or whether the precipitating cause was explained. The court remanded to the ALJ to make those findings and, depending on the result, apply either the presumption or the claimant’s ordinary burden of proof.

Opinion

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