Legal Opinion

Subsequent Injury Trust Fund v. James

Supreme Court of Georgia

Decided July 3, 1991No. S91A0912PublishedCited by 4 opinions

1Opinion of the Court

Clarke, Chief Justice.

Ednar Louise James was injured on the job and awarded $135 per week in workers’ compensation benefits. Her application for a lump sum payment of her future benefits was denied by the Workers’ Compensation Board without an oral hearing. James appealed to the superior court, which held that Board Rule 222 (b) and Johnson v. Atlanta Dairies Cooperative, 172 Ga. App. 403 (323 SE2d 185) (1984), unconstitutionally deny procedural due process. The employer and insurer appeal.

Under Workers’ Compensation Board Rule 222 (b) and the Court of Appeals case interpreting the rule,…

2Cases cited3 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Blocker v. BlackburnSupreme Court of Georgia · 1971
  3. Johnson v. Atlanta Dairies CooperativeCourt of Appeals of Georgia · 1984

3Cited by4 opinions

  1. Gregory v. Sexual Offender Registration Review BoardSupreme Court of Georgia · 2016
  2. Mitchell v. 3280 PEACHTREE 1, LLCSupreme Court of Georgia · 2009
  3. Smith v. Mr. Sweeper Stores, Inc.Court of Appeals of Georgia · 2001
  4. Esasky v. ForrestCourt of Appeals of Georgia · 1998

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