Lanier v. Jim Brown Development Corp., A90A2240
| Decision Date | 08 March 1991 |
| Docket Number | No. A90A2240,A90A2240 |
| Citation | 199 Ga.App. 255,404 S.E.2d 626 |
| Parties | LANIER v. JIM BROWN DEVELOPMENT CORPORATION, et al. |
| Court | Georgia Court of Appeals |
Marcus, Moskowitz & Associates, David H. Moskowitz, for appellant.
Savell & Williams, Mark S. Gannon, Robert E. Mulholland, for appellees.
Appellant worked as a painter/subcontractor for over 25 years, during which time he was exposed to toxic paint solvents. In June 1988, appellant was forced to stop working and was hospitalized due to a lung disease. Appellant filed a claim for workers' compensation benefits against appellee, but the claim was dismissed by the Administrative Law Judge on the ground that the evidence conclusively established that appellee was not the last employer for whom appellant worked so as to be exposed to the hazards of his disease as required under OCGA § 34-9-284. The full board affirmed the ALJ's decision and on appeal to the superior court, the full board's decision was affirmed by operation of law pursuant to OCGA § 34-9-105(b). This appeal results from this court's grant of appellant's application for discretionary appeal from the superior court's order.
1. Appellant contends in his first enumeration of error that the trial court erred in not applying the "any evidence" standard of review and in his second and third enumerations of error, he contends that the trial court erred in affirming the decision of the full board and in failing to remand the case to the board. OCGA § 34-9-105(b) sets forth the procedure for appealing a decision of the full board to the superior court. The statute provides: "The case so appealed may then be brought by either party ... before the superior court for a hearing upon such record ... provided, however, if the court does not hear the case within 60 days from the date the notice of appeal is filed with the board, the decision of the board shall be considered affirmed by operation of law...." The record reflects that appellant filed his appeal to the superior court with the board on May 2, 1989; that the superior court received a certified copy of the record from the workers' compensation board on May 22, 1989; that the case was scheduled for a hearing to be held on September 29, 1989. However, prior to the hearing it became obvious that since the hearing would not occur within 60 days as required by OCGA § 34-9-105(b), the full board's decision would be affirmed by operation of law. Therefore, appellant applied for and was granted this discretionary appeal. It appearing from the record that the appeal from the full board to the superior court was not timely heard in accordance with OCGA § 34-9-105(b), the decision of the full board was affirmed by operation of law and...
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Reynolds Const. Co. v. Reynolds
...5-6-35 purported to be from the superior court order, it was sufficient to invoke this Court's jurisdiction. Lanier v. Jim Brown Dev. Corp., 199 Ga.App. 255, 404 S.E.2d 626 (1991); OCGA § This brings about the anomaly of an application for discretionary review of a void order, which we gran......
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West Marietta Hardware v. Chandler
...also pinpointed in Synthetic Industries v. Camp, 196 Ga.App. 637, 396 S.E.2d 518 (1990), and illustrated by Lanier v. Jim Brown Dev. Corp., 199 Ga.App. 255, 404 S.E.2d 626 (1991). Another aspect of inequity in the procedure is noted in Coronet Carpets v. Reynolds, 199 Ga.App. 383, 405 S.E.2......
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Russ v. American Tel. & Tel., A97A1043
...decision directly by the Court of Appeals, if it chooses to do so upon application. OCGA § 34-9-105(e); Lanier v. Jim Brown Dev. Corp., 199 Ga.App. 255, 404 S.E.2d 626 (1991); Travelers Ins. Co. v. Adkins, 200 Ga.App. 278(1)-(3), 407 S.E.2d 775 (1991). OCGA § 5-6-35(a)(1), which governs dis......
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Borden, Inc. v. Holland
...court loses jurisdiction of the case 60 days after the notice of appeal is filed with the board. See, e.g., Lanier v. Jim Brown Dev. Corp., 199 Ga.App. 255(1), 404 S.E.2d 626 (1991); Synthetic Indus. v. Camp, 196 Ga.App. 637, 396 S.E.2d 518 (1990). The purpose of OCGA § 34-9-105(b) is "to e......