King v. Piedmont-Warner Development

I respectfully dissent.

OCGA § 34-9-104 (a) defines the term “change in condition” as a “change in the wage-earning capacity, physical condition, or status of an employee . . . , which change must have occurred after the date on which the wage-earning capacity, physical condition, or status of the employee . . . was last established by award or otherwise.” In this case, the claimant is seeking the resumption of disability income benefits based on a change in his wage-earning capacity. He is receiving 10% permanent partial disability and has not attempted to change that.

After a period of…