Trial Notebook : Awards – Enforcement of Collection in Superior Court

Board enforcement of award in Superior Court (O.C.G.A. § 34-9-106). Daniel Garcia attempted to enforce and award of the Administrative Law Judge and Full Board of the State Board of Workers' Compensation in the Superior Court against Brennan Roofing Company. Apparently the lawyer for the claimant had the name of the wrong company. It turned out that Brennan Roofing Company was actually Brannon Roofing Company. The Superior Court modified the Award to correct the name and the Court of Appeals held that they could not. "The authority of the Superior Court is limited to the enforcement of the final Award of the State Board of Workers' Compensation. See Kingery Block & Concrete Co. v, Luttrell, 174 Ga. App. 481, 330 S.E.2d 181 (1985) (can only enforce award of board as written). Consequently, the Superior Court had no authority to change the employer's name in the award or to add Brannon as a party to the award. The injured employee's remedy was with the State Board. Apparently the Court of Appeals distinguished this case from the Winnersville Roofing Company v. Coddington, 238 Ga. App. 95, 640 S.E.2d 680 (2006) even though there doesn't seem to be much distinction, because the main thrust of the Winnersville case was notice.

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