Trial Notebook: Disability (Workers Compensation)

Disability Determination, Weight of Medical Evidence

The administrative law Judge and Board may take the testimony of the claimant alone and determine that there was entitlement to TTD. See Galmon v. Seabreeze Manufacturing, 181 Ga. App. 132, 351 S.E.2d 521 (1986)

Due to Obesity

Disability due to claimant's obesity and general physical condition—an ALJ concluded that a claimant failed to carry the burden of proof to show that her disability was job-related. See Cobb General Hospital v. Burrell, 174 Ga. App. 631, 331 S.E.2d 23 (1985).

Inability to Work

To show change of condition to inability to work, claimant must present evidence that his inability to work was proximately caused by the original accidental injury. See Phinazee v. Boston Old Colony Insurance Co., 146 Ga. App. 175, 245 S.E.2d 857 (1978). Georgia Mental Health Institute v. Padgett, 171 Ga. App. 353, 319 S.E.2d 524 (1984).

Temporary v. Permanent

Evidence that claimant might get better or was hoping to get better prevented the court from making a determination that claimant had temporary partial disability versus the fact that the employer concluded that he was permanently disabled.

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