Pate v. Eastern Airlines

Blackburn, Judge.

We granted appellant Michael K. Pate’s application for discretionary review of the trial court’s affirmation of the Appellate Division of the State Board of Workers’ Compensation’s (Board) decision.

The Board vacated the decision of the administrative law judge (ALJ), and found that Pate had undergone a change of condition from a 1988 injury warranting the termination of his total disability benefits. The change found in Pate’s condition was based upon income he received from the landscaping business that he had operated from his home since 1986. The Board remanded the case to…