Trial Notebook : Appeals – Any Evidence

It is axiomatic that the findings of the State Board of Workers' Compensation, when supported by any evidence, are conclusive and binding, and that neither the Superior Court nor the Court of Appeals has any authority to substitute itself as a fact-finding body in lieu of the Board. See Milliken and Co. v. Porthress, 257 Ga. App. 586, 571 S.E.2d 569 (2002).

Given any evidence rule. Whether non-compliance with O.C.G.A. § 34-9-221 is without reasonable grounds is, again, an issue of fact for board determination, and this court will affirm whether there is any evidence to support it. Carr v. A.P. & Harry Jones Logging, 198 Ga. App. 698, 402 S.E.2d 538 (1991).

In reviewing a workers' compensation award, ALJ and the Superior Court must construe the evidence in the light most favorable to the party prevailing before the Appellate Division [Full Board]. It is axiomatic that the findings of the State Board of Workers' Compensation, were found by any evidence, or conclusive and binding, and that neither the Superior Court nor this Court has any authority to substitute itself as a fact finding body in lieu of the Board. Atlas Automotive v. Wilson, 225 Ga. App. 631, 44 S.E.2d 669 (1997).

"In the absence of legal error, the factual findings of the State Board of Workers' Compensation must be affirmed by the Superior Court and by the Court of Appeals and supported by any evidence in the administrative record. Georgia-Pacific Corp. v. Wilson, 240 Ga. App. 123, 522 S.E.2d 700 (1999). However, erroneous applications of law to undisputed fact, as well as decisions based on erroneous theories of law, are subject to the de novo standard of review. Mansfield Enterprises v. Warren, 154 Ga. App. 853, 270 S.E.2d 72 (1980).

The Any Evidence Rule—the Superior Court is bound by the ruling of the full board. See Harris v. Seaboard Farms of Elbert, 207 Ga. App. 147, 427 S.E.2d 524 (1993).

"A finding of fact by an administration law judge or the State Board of Workmen's Compensation, when supported by any evidence, is conclusive and binding." Roy v. Norman, 261 Ga. 303, 404 S.E.2d 117 (1991).

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