Legal Opinion

Mountainside Medical Center v. Tanner

Court of Appeals of Georgia

Decided March 12, 1997No. A97A0230PublishedCited by 5 opinions

1Opinion of the Court

Birdsong, Presiding Judge.

After receiving workers’ compensation benefits for temporary total disability for a year, the claimant Wanda Tanner was released to work with restrictions. However, Tanner either did not find work or did not choose to work.

Under OCGA § 34-9-104 (a), the employer was entitled to convert Tanner from total disability benefits to partial disability benefits. Tanner formerly earned an average of $200 per week and received temporary total disability benefits in the amount of $133.34 per week based on that average weekly wage.

OCGA § 34-9-262 provides: “[WJhere the…

2Cases cited4 opinions

  1. City of Jesup v. BennettSupreme Court of Georgia · 1970
  2. Samuel v. BaitcherSupreme Court of Georgia · 1981
  3. Copher v. MacKeyCourt of Appeals of Georgia · 1996
  4. Chem Lawn Services v. StephensCourt of Appeals of Georgia · 1996

3Cited by5 opinions

  1. Caremore, Inc./Wooddale Nursing Home v. HollisCourt of Appeals of Georgia · 2007
  2. Shaw Industries, Inc. v. ShawCourt of Appeals of Georgia · 2003
  3. WAGA-TV, INC. v. YangCourt of Appeals of Georgia · 2002
  4. Bahadori v. Sizzler 1543Court of Appeals of Georgia · 1998
  5. Bahadori v. Sizzler 1543Court of Appeals of Georgia · 1998

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