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Rothell v. Waffle House, Inc.

Court of Appeals of Georgia
Jun 14, 1984
319 S.E.2d 73 (Ga. Ct. App. 1984)

Opinion

67980.

DECIDED JUNE 14, 1984.

Workers' compensation. Henry Superior Court. Before Judge Craig.

Jack V. Dorsey, for appellant.

Susan V. Sommers, for appellee.


In the employer/appellee's appeal to the superior court from a workers' compensation award to the employee/appellant, the superior court remanded the case to the board for reconsideration on the ground "that the Board may have failed to weigh and consider . . ." information contained in a physician's report. Appellant contends that the trial court exceeded its authority in making that remand. We agree and reverse.

As the trial court noted, there is no requirement that the administrative law judge make specific reference to all evidence presented at the hearing. Union Carbide Corp. v. Coffman, 158 Ga. App. 360 (1) ( 280 S.E.2d 140) (1981). The award of the administrative law judge in the present case recited that it was "[b]ased on a careful review of all the evidence, including the medical exhibits. . ." (Emphasis supplied.) The award of the full board stated: "Upon de novo consideration of all evidence, the Board makes the findings of the administrative law judge its findings and conclusions." (Emphasis supplied.) That being so, "[a]rguments that the board failed to consider the evidence are meritless. [Cits.]" Cooper v. Simmons Co., 154 Ga. App. 260 (1) ( 267 S.E.2d 866) (1980). Although there are conflicts in the evidence concerning the date of injury in this case, there is no evidence, as there was no evidence in Union Carbide Corp. v. Coffman, supra, that the administrative law judge and the board did not consider all the evidence. It follows that the trial court's remand to the board was reversible error.

Judgment reversed. Banke, P. J., and Pope, J., concur.

DECIDED JUNE 14, 1984.


Summaries of

Rothell v. Waffle House, Inc.

Court of Appeals of Georgia
Jun 14, 1984
319 S.E.2d 73 (Ga. Ct. App. 1984)
Case details for

Rothell v. Waffle House, Inc.

Case Details

Full title:ROTHELL v. WAFFLE HOUSE, INC

Court:Court of Appeals of Georgia

Date published: Jun 14, 1984

Citations

319 S.E.2d 73 (Ga. Ct. App. 1984)
319 S.E.2d 73

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