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Seabolt v. Beaulieu of America6/12/2002
We granted this application for discretionary review to consider the narrow issue of attorney fees assessed in this workers' compensation case. Although the employee had sought attorney fees, the administrative law judge ("ALJ") entered an award that did not include attorney fees.
After review, the Appellate Division of the State Board of Workers' Compensation affirmed the ALJ's award with the exception of assessing attorney fees against the employer/insurer. The superior court reversed on the ground that the appellate division should have remanded the fee issue to the ALJ. Because we find that the superior court relied upon inapplicable precedent and overlooked the power of the appellate division to assess independently attorney fees under OCGA § 34-9-108 (b) (1), we reverse.
Claimant Robin Seabolt Dockrey sought weekly benefits, medical expenses, and attorney fees from her employer, Beaulieu of America, and its insurer, Pruden Risk Management (collectively "Beaulieu"). Her employer controverted the claim in its entirety.
At the administrative hearing, Dockrey offered evidence that she had primarily worked as a tufting machine operator at Beaulieu's carpet manufacturing facility. Over time, Dockrey gradually began to experience problems with her neck, arm, and wrist. Dockrey testified that although she complained to her supervisors and asked for medical treatment, none was provided to her. According to her medical records, she was diagnosed with cervical radiculopathy, disc herniation, and overuse type syndrome. These records also show that Dockrey was diagnosed with carpal tunnel syndrome on May 28, 1997, more than a year before her discharge.
During the hearing, her counsel informed the ALJ that attorney fees were being sought for the employer's failure to provide medical care and for an unreasonable defense. Counsel stated that he had expended 35 hours on her behalf, and that his employment contract provided for an hourly rate of $200 per hour. In the alternative, he requested assessed fees under Rule 108.
The ALJ denied Dockrey's claim for weekly benefits finding that she had failed to satisfy her burden of proof within the meaning of Maloney v. Gordon County Farms, 265 Ga. 825, 827-828 (462 SE2d 606) (1995) and Diamond Rug & Carpet Mills v. Moses, 221 Ga. App. 807, 808 (472 SE2d 565) (1996). The ALJ determined that Dockrey was discharged by Beaulieu for reasons totally unrelated to her "on-the-job injury or her injury- resultant condition." The ALJ, however, directed Beaulieu to pay the medical expenses listed in the award and to provide ongoing medical treatment to Dockrey. The ALJ's award made no mention of attorney fees.
After review, the state board adopted the ALJ's award as to weekly benefits and medical treatment. The board, however, added its own findings as to attorney fees, deciding:
In addition, the Appellate Division finds that the administrative law judge did not address the employee's request for assessed attorney fees based upon the employer/self-insurer's failure to accept the claim and failure to provide medical treatment. The Appellate Division finds that O.C.G.A. §34-9-108(b) provides for the assessment of attorney fees when proceedings are defended in whole or in part without reasonable grounds. The Appellate Division accepts the finding of facts in paragraph 13 and finds that the employer/self-insurer denied treatment to the employee from the beginning without reasonable grounds.
Having reviewed the entire record, the appellate division assessed attorney fees against Beaulieu "for an unreasonable defense, in part, of the claim." The board entered an explicit finding that "$3500
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