McEver v. Worrell Enterprises

I respectfully dissent from the judgment affirming the denial of Michele McEver’s claim for renewed disability income benefits, as my review of the record reveals ample competent evidence to support the award for a change in economic condition as made by the administrative law judge. A claimant may satisfy the implicit proximate cause element of present-day OCGA § 34-9-104 (a) “by showing that she labored under a continuing disability and that she made a diligent but unsuccessful search for subsequent suitable employment.” Maloney v. Gordon County Farms, 265 Ga. 825, 827 (462 SE2d 606). This…