If you are injured at work in Georgia, you may never have to go to court in your claim or you may end up going to court many times. The right to have your day in court and present your side of the story is one of the most important protections in the American judical system. An important part of that right is the concept of due process which means you are given notice about what is going to be decided in court and you have a right to present your case regarding the issue or issues that will be decided.
The Georgia Court of Appeals recently decided the case of Harris v. Eastman Youth Development Center, — S.E.2d —, 2012 WL 1255159 (Ga. App. 2012). This Workers’ Compensation case involved whether the State Board of Workers’ Compensation erred when it decided that the back condition that the injured worker was experiencing was no longer caused by the injury at work. The Court of Appeals reviewed the case and decided that the State Board of Workers’ Compensation did err because the injured worker was not told that the back condition was going to be an issue at the hearing. Since the injured worker was not given notice that the back injury would be an issue at the hearing, the case was sent back to the State Board of Workers’ Compensation for the judge to issue a new award. As attorneys representing people who have been injured in Carrollton and the surrounding West Georgia area, we are glad to know that people who are injured at work or as a result of the negligence of others have the same right to be notified of the issues and to present their cases in court as large companies do.