Shaw Industries, Inc. v. Scott
310 Ga. App. 750
Ga. Ct. App.2011Background
- Scott worked for Shaw Industries for over 14 years; in 1996 she suffered a workplace injury to her right foot requiring partial amputation and missed about 10 months of work.
- Upon returning in 1997, she worked in customer service with a prosthesis that altered her gait, leading to bilateral knee problems and surgery in May 1997.
- Over the next 12 years, Scott continued working despite progressive knee pain and deteriorating condition.
- In March 2009, her physician advised a temporary cessation to alleviate knee pain; she stopped work in September 2009 based on further recommendation.
- Scott sought workers’ compensation; ALJ awarded TTD benefits finding a fictional new injury on March 24, 2009; Board and superior court affirmed; Shaw appeals.
- The Georgia Court of Appeals reverses, holding the disability was a change in condition, not a new accident, and thus the benefits award was improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Scott’s disability is a change in condition or a fictional new injury | Scott argues the cessation was due to a new incident | Shaw contends it was a gradual change in condition | Change in condition; not a new injury |
Key Cases Cited
- Central State Hosp. v. James, 147 Ga.App. 308 (1978) (distinguishes change in condition from new accident; prior award predicate)
- Trucks, Inc. v. Trowell, 302 Ga.App. 488 (2010) (applies framework distinguishing new accident vs change in condition)
- Laurens County Bd. of Educ. v. Dewberry, 296 Ga.App. 204 (2009) (defines change in condition and links to prior award; supports reversal)