Georgia Court Of Appeals, (May 26, 1999)
Docket number: A99A0654
DECIDED
Permanent Link:
http://vlex.com/vid/20426437
Id. vLex: VLEX-20426437
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Haynsworth, Baldwin, Johnson & Greaves, Melisa L. Bodnar, Gardner, Willis, Sweat & Goldsmith, Robert D. Goldsmith, Christopher T. Ross, amici curiae.Dozier, Lee, Graham & Sikes, Joel M. Grist, Jr., for appellee.Sell & Melton, John A. Draughon, Lauren L. Benedict, for appellant.
Bibb County appeals a superior court decision granting Ricky Short's workers' compensation claim. Short sought benefits for a psychological impairment he attributed to a physical injury sustained on the job, and the administrative law judge (ALJ) and appellate division denied the claim on the ground Short failed to establish a compensable psychological injury. The superior court found otherwise and reversed. We granted Bibb County's discretionary appeal to determine whether the superior court erred by substituting its factual findings for those of the State Board. We conclude the superior court erred and reverse.Short was employed by the Bibb County Board of Commissioners in a security position at Lake Tobesofkee. On July 5, 1994, because of flooding conditions in the Macon area, Short's supervisor instructed him to go to the lake to help prevent flood damage. The assignment angered Short because of the increased risk of injury. While on the lake's dam, a steel door fell on Short's feet and fractured two toes of his right foot.Short received workers' compensation while recovering from the injury to his toes. He eventually recovered from his foot injury but became increasingly anxious and depressed, and he was hospitalized several times because of alcohol abuse and psychological problems. After his toes healed, Short returned to work but his attendance and performance were erratic. His relationship with his supervisor and coworkers became more confrontational, and eventually his supervisor obtained a temporary restraining order prohibiting Short from threatening him. Short then agreed to a voluntary injunction prohibiting him from ever working at Lake Tobesofkee or threatening his former supervisor again.[A] claimant is entitled to benefits under the Workers' Compensation Act for mental disability and psychic treatment which, while not necessarily precipitated by a physical injury, arose out of an accident in which a compensable physical injury was sustained, and that injury contributes to the continuation of the psychic trauma. The physical injury need not be the precipitating cause of the psychic trauma; it is compensable if the physical injury contributes to the continuation of the psychic trauma.Southwire Co. v. George,