Home Depot v. McCreary
306 Ga. App. 805
| Ga. Ct. App. | 2010Background
- McCreary sought workers' compensation for a 2001 head injury and later claimed a June 2003 “fictional new injury” when she could no longer work; ALJ awarded medical benefits for 2001 but did not address the 2003 claim; Home Depot appealed and the Appellate Division reversed; superior court remanded and the court granted discretionary review, affirming the remand and the Division’s authority to reconsider; the case centers on jurisdiction and the proper legal standard for aggravation of a preexisting condition and the fictional-new-injury theory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there jurisdiction to consider the June 2003 fictional new injury without a cross-appeal? | McCreary argued merits of the 2003 injury; Home Depot argued lack of cross-appeal forecloses review. | Appellate bodies lacked jurisdiction absent a cross-appeal on the 2003 issue. | Appellate Division and superior court had jurisdiction to reconsider all ALJ findings after timely appeal. |
| Was the Appellate Division's and superior court's remand proper to address aggravation of a preexisting condition and the correct application of law? | McCreary contended the evidence supported aggravation from continued work and the need to apply the aggravation doctrine. | Home Depot argued the Division properly found no evidence of aggravation and the burden lay differently. | Remand to consider the correct legal framework for aggravation was proper; aggravation of a preexisting condition is compensable even without a specific work-connected incident. |
Key Cases Cited
- Bankhead Enterprises v. Beavers, 267 Ga. 506 (1997) (board findings are binding if supported by some evidence; deference to board while allowing legal error correction on appeal)
- Gill v. Prehistoric Ponds, 280 Ga. App. 629 (2006) (review uses de novo standard for legal errors and remand when necessary)
- Rheem Mfg. Co. v. Butts, 292 Ga.App. 523 (2008) (aggravation of a pre-existing condition is compensable)
- Mallory v. Am. Casualty Co., 114 Ga.App. 641 (1966) (preexisting conditions can be aggravated by employment)
- Truckstops of America v. Engram, 220 Ga.App. 289 (1996) (remand to consider correct application of law)
- Assurance Co. of Am. v. Shepherd, 155 Ga.App. 36 (1980) (remand for correction of undisputed misstatement of fact)
- Great American Indem. Co. v. Wimberly, 96 Ga.App. 588 (1957) (subject matter jurisdiction on timely review)
- Dempsey v. Gen. Motors., 102 Ga. App. 408 (1960) (board lacks jurisdiction to reconsider without timely review)
- Clinical Arts, etc. v. Smith, 218 Ga.App. 681 (1995) (clarifies appellate review scope after 1994 statutory changes)