309 Ga. App. 658
Ga. Ct. App.2011Background
- Veolia hired Vick as an equipment operator in January 2007 and he signed a safety policy acknowledgment.
- The safety policy required reporting prescription medication that could impair work performance and allowed removal from duty pending physician clearance.
- In April 2007 Vick injured his left ankle; Veolia paid temporary total disability benefits May–June 2007 and he returned to light duty on June 28, 2007.
- In March 2008 Vick obtained a morphine prescription; Veolia learned of this and instructed him to provide a clearance letter, which he did not supply, leading to his suspension and eventual termination on May 2, 2008.
- Vick sought resumption of workers’ compensation benefits, including temporary partial disability (TD) for June 28, 2007 to March 10, 2008, and temporary total disability thereafter; ALJ denied TD after March 10, 2008 due to lack of sincere effort to find work, but awarded TD during light-duty period.
- The Board vacated the ongoing TD award after March 10, 2008; the superior court remanded with instructions that Veolia bear the burden to show lack of entitlement after termination; this court granted discretionary appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who bears the burden after termination to prove disability level | Vick argues employer bears burden. | Veolia argues employee bears burden. | Burden rests on Vick to prove entitlement to higher benefits after termination. |
| Whether temporary partial benefits should continue post-termination | Vick seeks continuation of TD post-termination based on injury-caused inability. | Veolia contends no support for continued TD. | Continued TD after termination requires proximately caused inability due to injury; not proven here. |
Key Cases Cited
- Ga.-Pacific Corp. v. Wilson, 240 Ga.App. 123 (1999) (burden allocation when seeking change in disability level; who bears burden depends on sought relief)
- Gilbert/Robinson, Inc. v. Meyers, 214 Ga.App. 510 (1994) (termination for unrelated cause; employee must prove injury-related inability to obtain work)