Bahadori v. Sizzler 1543

For the reasons set forth below, I concur in Division 4 of the majority, concur specially as to Division 1, and dissent as to Divisions 2 and 3.

Because this is a change in condition case, I agree with the majority that OCGA § 34-9-104 (d) (2) provides the authority for the Board to review Sizzler’s claim for reimbursement. However, I disagree with the majority’s position that OCGA § 34-9-104 (d) (2) provides any basis for the Board to exercise jurisdiction over an employer’s claim for reimbursement in any case which does not involve a claim for change in condition.

OCGA § 34-9-104 (d) (2)…