J & D TRUCKING v. Martin

Andrews, Judge.

At issue in this workers’ compensation appeal is whether attorney fees were properly assessed against the employer/insurer pursuant to OCGA § 34-9-108. After the Appellate Division reversed the administrative law judge’s (ALJ) assessment of attorney fees, and the Superior Court reversed the Appellate Division, the employer, J & D Trucking, and its workers’ compensation insurer, American Interstate Insurance Company, appealed. For the following reasons, *248we vacate the judgment of the Superior Court and remand.

Jimmy Martin was injured while working as the sole proprietor of J & D…