Scott v. Shaw Industries, Inc.
291 Ga. 313
Ga.2012Background
- Valencia Scott, Shaw Industries employee, sustained a 1996 right-foot injury with partial amputation and received temporary total disability benefits for about ten months.
- January 1997, Scott returned to work in a sedentary customer service role, which accommodated her condition but altered her gait.
- Over the next 12 years, Scott developed progressive knee problems and pain stemming from the altered gait, leading to bilateral knee surgeries beginning May 1997.
- In March 2009, treating physicians advised a brief cessation of work to alleviate knee pain; Scott thereafter made several attempts to return to work but ceased again in September 2009.
- Scott sought workers’ compensation benefits; the ALJ awarded benefits, finding a fictional new injury occurred on March 24, 2009, not a change in condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the March 2009 stoppage a new accident or a change in condition? | Scott argued for a fictional new injury. | Shaw asserted a change in condition. | Change in condition; fictional-new-injury finding rejected. |
| Does gradual worsening after return to sedentary work constitute a change in condition rather than a new accident? | Scott's condition worsened gradually due to wear and tear. | Scott's claim was barred as a new accident was not proven. | Gradual deterioration constitutes a change in condition. |
Key Cases Cited
- Central State Hosp. v. James, 147 Ga. App. 308 (1978) (three scenarios distinguishing new injury from change in condition)
- R.R. Donnelley v. Ogletree, 312 Ga. App. 475 (2011) (distinguishable when return to light duty; strenuous work caused new accident)