Shaw Industries, Inc. v. Scott

Dillard, Judge.

In this discretionary appeal, employer Shaw Industries, Inc. appeals a ruling of the superior court, affirming the State Workers’ Compensation Board’s (the “Board”) award of indemnity benefits in favor of Valencia Scott. Specifically, Shaw Industries contends that the superior court erred in affirming the findings of the Board and the administrative law judge (“AU”) that Scott’s inability to continue working was caused by a fictional new injury rather than a change in condition. For the reasons noted infra, we are constrained to reverse.

At the outset, we note that “[i]n…