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Haralson County v. Lee

The superior court erred in reversing the ALJ's finding that the claimant suffered a new injury after leaving his employment with the county since some evidence supported it.

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Jimmy E. Lee claims that his shoulder replacement surgery is compensable under the Workers’ Compensation Act, OCGA § 34-9-1, et seq. The Haralson County Board of Commissioners and the Association of County Commissioners of Georgia “Haralson County” appeal from the superior court’s order reversing the award of the appellate division of the State Board of Workers’ Compensation “Board”, which affirmed the Administrative Law Judge’s “ALJ” award denying Lee’s claim that Haralson County pay for his shoulder replacement surgery. The ALJ denied the claim finding that Lee sustained a new accident and injury and that any aggravation of Lee’s pre-existing condition amounted to a new injury. Haralson County contends that the superior court failed to apply the “any evidence” standard of review. We granted Haralson County’s application for discretionary appeal, and we reverse. Construed in a light most favorable to Haralson County, as the party prevailing before the Board, the evidence is as follows. Lee began having problems with his left shoulder in 1982. He began working for Haralson County in 1989 as the chief appraiser and sustained a compensable on-the-job injury on June 3, 1993, when he reached down to open a desk drawer and felt a pop in his left shoulder. Lee received authorized treatment from Dr. Ralph Fleck.

Lee was terminated from his employment with Haralson County on January 11, 1994, for reasons unrelated to his on-the-job accident and injury. Subsequently, Lee began working full-time for his own business, Jimmy Lee Construction Company, which he had been operating on a part-time to full-time basis for approximately 30 years. Lee testified that, while he basically did supervisory work, he occasionally performed masonry work such as laying cinder blocks and bricks.

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