Legal Opinion

Padgett v. Waffle House, Inc.

Supreme Court of Georgia

Decided February 23, 1998No. S97G0983PublishedCited by 6 opinions

1Opinion of the Court

Fletcher, Presiding Justice.

The issue presented in this granted certiorari is whether a workers’ compensation claimant who is on restricted duty due to a com-pensable injury and who is discharged because of those restrictions is required to show that she has made a diligent effort to obtain employment in order to receive benefits. We decline to place the burden of proving work availability on the employee in this situation because such a rule would be inconsistent with prior case law and illogical in light of other rules governing workers’ compensation cases. Therefore, we reverse the court…

2Cases cited8 opinions

  1. United States Casualty Co. v. SmithSupreme Court of Georgia · 1926
  2. Maloney v. Gordon County FarmsSupreme Court of Georgia · 1995
  3. Peterson/Puritan, Inc. v. DayCourt of Appeals of Georgia · 1981
  4. Brown v. Georgia Power CompanyCourt of Appeals of Georgia · 1987
  5. Poulnot v. Dundee Mills Corp.Court of Appeals of Georgia · 1985

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3Cited by6 opinions

  1. Minter v. Tyson Foods, Inc.Court of Appeals of Georgia · 2004
  2. Burns v. State of Georgia Department of Administrative ServicesCourt of Appeals of Georgia · 2015
  3. Waycross Molded Products, Inc. v. McKelvinCourt of Appeals of Georgia · 1998
  4. Antonio Burch v. Stf Foods, Inc.Court of Appeals of Georgia · 2019
  5. Laverne Burns v. State of Georgia Department of Administrative ServicesCourt of Appeals of Georgia · 2015

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