Rite Aid Corp. v. Davis

I respectfully dissent. In contrast to the majority, I believe that we must interpret the “or” in former OCGA § 34-9-200.1 (g) (6) as a conjunctive “and” in order to avoid an absurd result under the Georgia workers’ compensation statutes.

Under OCGA§ 34-9-261, an employee who sustains a temporary total disability is entitled to weekly workers’ compensation benefits for a maximum of 400 weeks from the date of injury. But, this cap on weekly benefits does not apply to an employee who suffers a catastrophic injury as that term is defined in the former and current versions of OCGA § 34-9-200.1 (g)…