Legal Opinion · Concurring in part, dissenting in part

Aldrich v. City of Lumber City

Court of Appeals of Georgia

Decided July 13, 2000No. A99A0847Published

1Concurring in part, dissenting in partBlackburn, Presiding Judge

I fully concur with Division 1 of the majority opinion. I concur with the analysis of Division 2 which finds that an award on the overpayment claim is not subject to the express limitation applicable to change of condition orders contained in OCGA § 34-9-104 (d) (1) under the facts of this case. I write separately on that issue to further explicate its intricacies. However, I dissent from the portion of the analysis and holding of Division 2 of the majority that simply affirms because I would remand the case for a determination of whether or not the employer had been reasonably diligent in…

2Cases cited7 opinions

  1. Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
  2. Bahadori v. National Union Fire InsuranceSupreme Court of Georgia · 1998
  3. Carpet Transport, Inc. v. PittmanCourt of Appeals of Georgia · 1988
  4. Webb v. LewisCourt of Appeals of Georgia · 1974
  5. Spiva v. Union CountyCourt of Appeals of Georgia · 1984

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