The presiding judge of the Georgia Court of Appeals is standing firm in his belief that an employer should not be allowed to suspend indemnity benefits if a worker has experienced an improvement but has not returned to his pre-injury condition.
Judge Christopher McFadden had been the lone dissent from the Court of Appeals’ decision in McDuffie v. Ocmulgee EMC last summer. Kasabian McDuffie asked the Georgia Supreme Court to adopt McFadden’s position, but the high court affirmed the majority’s approach in October.
The Supreme Court remanded the case for the Court of Appe...
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