Verdict - Summer 2017 - 38
> WORKERS' COMP UPDATES
STANDARD OF REVIEW -
BY DYLAN BESS
TRAVELING EMPLOYEES/DOCTRINE
for a work-related purpose at the time he
that of the Appellate Division. Accordingly, the
OF "CONTINUOUS EMPLOYMENT"
was injured.
Court of Appeals reversed the Superior Court. 3
The Avrett Plumbing Company v. Castillo,
Castillo appealed to the Superior Court of
Richmond County, which reinstated the award
AWARDS AND ISSUES APPEALABLE
This case involved Georgia's doctrine
of benefits. Avrett appealed to the Court of
Kendrick v. SRA Track, Inc., 2017 Ga.
of continuous employment, but ultimately
Appeals, arguing that the Superior Court did
App. 287, June 20, 2017.
turned on factual findings made by the State
not give proper deference to the Appellate
Board of Worker's Compensation. The Court
Division's factual findings.
340 Ga. App. 671, March 10, 2017.
In this case, the Court of Appeals considered whether the Board's denial of an
of Appeals held that the Superior Court did
Under Georgia's doctrine of continuous
Employer/Insurer's motion to dismiss a claim
not give proper deference to those findings,
employment, an employee who is required by
is appealable beyond the Board and found
but substituted its own instead.
his employment to lodge and work within an
that it is not.
Castillo was an employee of Avrett, a
area geographically limited by the necessity of
Edwards filed a claim for additional medical
plumbing company based in Augusta. His
being available for work on the employer's job
treatment for his compensable work injuries.
work hours were Monday through Friday,
site is in continuous employment for purposes
The Employer/Insurer filed a motion to dis-
8:00 a.m. to 5 p.m. Avrett provided Castillo
of the Workers' Compensation Act. Activities
miss the claim, arguing that it was barred
with a hotel room in Augusta because he was
performed in a reasonable and prudent manner
by the statute of limitation under O.C.G.A.
not a resident of Augusta. Although he did not
for the health and comfort of the employee,
§ 34-9-82(a). The ALJ denied the motion and
work weekends, Castillo was allowed to use
including recreational activities, arise out of
the Appellate Division adopted and affirmed
the hotel room over the weekend because
and are in the course of the employment.1
the ALJ's findings and conclusions. The
it was a seven-day weekly rental arrange-
Here, although the ALJ found that Castillo
Employer/Insurer appealed to the Superior
ment; however, he was only paid for the hours
was "required by his employment to live away
Court, which affirmed the Board's decision.
that he actually worked. Because financial
from home while working," the Appellate
O.C.G.A. § 34-9-105(b) provides that only
and transportation reasons made it difficult
Division disagreed and found that Castillo
a final award, order, judgment or decision
to travel home each weekend at his own
"primarily remained in Augusta over the
of the Board is subject to appeal to the
expense, Castillo chose to remain in Augusta
weekend, not for any employment-related
Superior Court. Because the Board did not
over the weekends.
reasons but due to personal transportation
issue a compensation award, the Court of
On a Sunday, while in Augusta, Castillo
and financial constraints." The Superior
Appeals held that the Board's ruling did not
tripped and broke his ankle while running a
Court made a contradictory factual finding
constitute a "final order or judgment" as
personal errand to buy groceries. At the time,
when it determined that Castillo was pres-
contemplated by O.C.G.A. § 34-9-105(b). 4
he was off work and was not "on-call."
ent in Augusta on the day he was injured to
As such, the Superior Court was without
prepare for work on Monday.
jurisdiction to consider the appeal and should
Castillo sought workers' compensation
benefits under the theory that he was a con-
In Georgia workers' compensation cases,
tinuous employee at the time of his injury.
the factual findings of the Appellate Division
The ALJ granted benefits, but upon Avrett's
must be affirmed when supported by any evi-
Premier Elevator Co./SOI v. Edwards,
appeal, the Appellate Division of the State
dence in the administrative record.
341 Ga. App. 235, April 13, 2017.
2
have dismissed it.
Board of Workers' Compensation vacated
Because the record contained some evi-
Here, the Court of Appeals again consid-
the ALJ's award based on its finding that
dence supporting the Appellate Division's
ered the doctrine of continuous employment
Castillo was not a continuous employee
conclusion, the Superior Court lacked author-
and held that it did not apply as the employee
because he was not away from his residence
ity to substitute its own factual findings for
Continued on page 42
38
Georgia Trial Lawyers Association
Table of Contents for the Digital Edition of Verdict - Summer 2017
President’s Message
Don’t Stop Fighting: Overcoming Obstacles Leads to Record Verdict in Camden County
Amazing Things Happen When Women Get Involved!
AAJ Addresses Top Concerns with Congress
Pro Bono Representation: A Bond Forged between a Naval Officer and Trial Lawyer
3 Tips for Defeating Daubert Motions
Common Issues to Stay on Guard in Cases Involving Tortious Security Officers
The Confusing Question of Causation in Criminal Attack Premises Liability Cases
Technology: Notetaking for the Digital Lawyer
New Lawyers’ Corner: 6 Questions for Verdict
Pope Langdale: Community Investments for a Cause
Case Updates: Federal Employees Health Benefits Act of 1959
Workers’ Comp: Standard of Review — “Any Evidence” Rule
Thank You, Civil Justice PAC Contributors!
GTLA Champion Members
Welcome New GTLA Members!
Index to Advertisers/Advertiser.com
Verdict - Summer 2017 - Intro
Verdict - Summer 2017 - cover1
Verdict - Summer 2017 - cover2
Verdict - Summer 2017 - 3
Verdict - Summer 2017 - 4
Verdict - Summer 2017 - 5
Verdict - Summer 2017 - 6
Verdict - Summer 2017 - 7
Verdict - Summer 2017 - 8
Verdict - Summer 2017 - President’s Message
Verdict - Summer 2017 - Don’t Stop Fighting: Overcoming Obstacles Leads to Record Verdict in Camden County
Verdict - Summer 2017 - 11
Verdict - Summer 2017 - Amazing Things Happen When Women Get Involved!
Verdict - Summer 2017 - AAJ Addresses Top Concerns with Congress
Verdict - Summer 2017 - Pro Bono Representation: A Bond Forged between a Naval Officer and Trial Lawyer
Verdict - Summer 2017 - 15
Verdict - Summer 2017 - 3 Tips for Defeating Daubert Motions
Verdict - Summer 2017 - 17
Verdict - Summer 2017 - Common Issues to Stay on Guard in Cases Involving Tortious Security Officers
Verdict - Summer 2017 - 19
Verdict - Summer 2017 - 20
Verdict - Summer 2017 - 21
Verdict - Summer 2017 - 22
Verdict - Summer 2017 - 23
Verdict - Summer 2017 - The Confusing Question of Causation in Criminal Attack Premises Liability Cases
Verdict - Summer 2017 - 25
Verdict - Summer 2017 - 26
Verdict - Summer 2017 - 27
Verdict - Summer 2017 - Technology: Notetaking for the Digital Lawyer
Verdict - Summer 2017 - 29
Verdict - Summer 2017 - 30
Verdict - Summer 2017 - New Lawyers’ Corner: 6 Questions for Verdict
Verdict - Summer 2017 - 32
Verdict - Summer 2017 - 33
Verdict - Summer 2017 - Pope Langdale: Community Investments for a Cause
Verdict - Summer 2017 - 35
Verdict - Summer 2017 - Case Updates: Federal Employees Health Benefits Act of 1959
Verdict - Summer 2017 - 37
Verdict - Summer 2017 - Workers’ Comp: Standard of Review — “Any Evidence” Rule
Verdict - Summer 2017 - 39
Verdict - Summer 2017 - Thank You, Civil Justice PAC Contributors!
Verdict - Summer 2017 - Welcome New GTLA Members!
Verdict - Summer 2017 - Index to Advertisers/Advertiser.com
Verdict - Summer 2017 - cover3
Verdict - Summer 2017 - cover4
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