T. V. Minority v. Chaffins

I concur in the judgment that this change of economic condition case, brought under OCGA § 34-9-104, was erroneously remanded. As the majority holds, the award of the appellate divisiop. should have been affirmed by the superior court. OCGA § 34-9-105 (c) and (d) demanded it. Two items require that note be made, however.

*4971. The opinion states that the board “adopted” the ALJ’s findings. Before the procedure was changed in 1994, OCGA § 34-9-103 (a) provided that the appeal to the board from the ALJ be a de novo proceeding, albeit sometimes only on the record. Peters v. Liberty Mut. Ins. Co., 113…