Muscogee Iron Works v. Ward

Smith, Judge.

We granted a discretionary appeal in this workers’ compensation case to address an issue of first impression regarding the construction of OCGA § 34-9-367. The superior court affirmed the State Board of Workers’ Compensation’s award of reimbursement from the Subsequent Injury Trust Fund (the “Fund”) to the employer, Muscogee Iron Works, but reversed the Board’s award of attorney fees against the Fund, finding that such an award was barred by OCGA § 34-9-367. Muscogee appeals the reversal of the award of attorney fees.

The record reveals that Ward was hired by Muscogee in 1974…