Padgett v. Waffle House, Inc.
Supreme Court of Georgia
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
- United States Casualty Co. v. SmithSupreme Court of Georgia · 1926
- Maloney v. Gordon County FarmsSupreme Court of Georgia · 1995
- Peterson/Puritan, Inc. v. DayCourt of Appeals of Georgia · 1981
- Brown v. Georgia Power CompanyCourt of Appeals of Georgia · 1987
- Poulnot v. Dundee Mills Corp.Court of Appeals of Georgia · 1985
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3Cited by6 opinions
- Minter v. Tyson Foods, Inc.Court of Appeals of Georgia · 2004
- Burns v. State of Georgia Department of Administrative ServicesCourt of Appeals of Georgia · 2015
- Waycross Molded Products, Inc. v. McKelvinCourt of Appeals of Georgia · 1998
- Antonio Burch v. Stf Foods, Inc.Court of Appeals of Georgia · 2019
- Laverne Burns v. State of Georgia Department of Administrative ServicesCourt of Appeals of Georgia · 2015
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