North v. Floyd County Board of Education

I respectfully dissent.

I cannot agree with the majority that the decision of the trial court should be affirmed because the Board applied incorrect principles of law to the facts presented herein. The “any evidence” analysis relied upon by the majority does not apply where the Board’s award is based upon an erroneous legal theory. As this Court stated in Mansfield Enterprises v. Warren, 154 Ga. App. 863 (270 SE2d 72) (1980), “[w]e are mindful of the controlling principles of appellate review in workers’ compensation cases as articulated and adopted by this court on numerous occasions, and we…