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Lawskills.com Georgia Caselaw
SOUTHWIRE COMPANY v. HULL et al.
A93A2391.
MCMURRAY, Presiding Judge.
Workers' compensation. Carroll Superior Court. Before Judge Smith.
Elmer Hull suffered an on-the-job injury while working for Southwire Company ("Southwire") which resulted in quadriplegia. Southwire now provides Hull with benefits under Georgia's Workers' Compensation Act, including 24-hour-a-day professional nursing care. Southwire attempted to change Elmer Hull's benefits from 24-hour nursing care to substantially less expensive non-professional attendant care via petition pursuant to OCGA 34-9-201 (d). After entering findings of fact regarding Elmer Hull's basic needs, an administrative law judge entered an award granting Southwire's petition for a change to non-professional attendant care treatment and authorizing Southwire's "original goal of providing in-home attendant care on behalf of Mr. Hull, with properly trained attendants and supervision by registered nurses as determined and approved by Dr. Donald Leslie, Mr. Elmer Hull's authorized treating physician." Elmer Hull appealed to the Full Board of the State Board of Workers' Compensation and, upon de novo review, the Full Board denied Southwire's petition for a change in Elmer Hull's treatment and adopted all findings and conclusions of the administrative law judge, "except as inconsistent with [its finding] that it would not be in the employee's best interest for the employer/self-insurer to make a change in nursing service at this time." Elmer Hull then appealed to the superior court where it was "CONSIDERED, ORDERED and ADJUDGED that the Award of the Full Board of Workers' Compensation be REVERSED to the extent it requires either the dispensing or administering of medication by unlicensed attendants." This appeal followed this court's order granting Southwire's OCGA 5-6-35 (a) (1), (b) application for appeal. Held:
Donald L. Jones, Harrison, Harrison & Llop, Rita J. Llop, for appellees.
Kenneth A. Smith, for appellant.
DECIDED FEBRUARY 17, 1994.
Saturday August 30 03:24 CDT


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