West Marietta Hardware v. Chandler

I concur in Divisions 1 and 2 on the merits of the issues ruled on. I am compelled to concur in Division 3, which focuses on an aspect of appellate procedure in workers’ compensation cases, because the statute does not make the exercise of superior court appellate jurisdiction dependent on even a good faith effort by appellant to pursue, or by the court to afford, that remedy.

Appellants enumerate as error the deprivation of their right to an appeal and decision in the superior court and assert that the superior court refused their request for a hearing and permitted the decision of the board…