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LUKOWSKI v. CAPITOLINE PRODUCTS6/28/1996
This case involves an action for recommencement of disability income benefits based upon a change in condition. Lukowski appeals from the superior court order affirming the Appellate Division's award, which reversed the Administrative Law Judge's ("ALJ") award of benefits from November 16, 1994 forward. Lukowski's sole enumeration of error is that the superior court erred as a matter of law in applying the burden of proof as set forth in Aden's Minit Market v. Landon, 202 Ga. App. 219 (413 S.E.2d 738) (1991), insofar as that case was expressly overruled in Maloney v. Gordon County Farms, 265 Ga. 825 (462 S.E.2d 606) (1995). For reasons which follow, we affirm.
The facts in this case, as found by the ALJ, are as follows: On January 13, 1994, while working for Capitoline Products, Lukowski sustained a severe, compensable, injury to his left hand, resulting in the amputation of a finger and two other surgeries. While the injury left Lukowski with a significant permanent disability, he was able to return to work in May 1994. "At that time, he resumed the same type of work he had done prior to the accident, but he was greatly hampered by the condition of his hand and had to adjust his methods." On October 18, 1994, Lukowski was terminated because he refused to take a drug test, believing he would fail it, and he has been unemployed since that date.
The ALJ concluded, as a matter of law, that Lukowski was "not obligated to prove that he is completely unable to perform work of any kind, but only to carry the `Aden's burden' of proof." In the ALJ's opinion, Lukowski met this burden "in that his testimony, the credible testimony of vocational rehabilitation supplier Barbara Tate, and the documentary evidence, establish that he conducted a sincere search for alternative suitable employment after leaving Capitoline and in that Ms. Tate's expert opinion establishes that he probably
would have been able to secure another job but for the injury." However, since there was no evidence Lukowski began his search prior to November 16, 1994, the ALJ denied benefits before that date.
The Appellate Division accepted the ALJ's findings, but concluded that these findings, coupled with additional findings, demanded a conclusion that Lukowski failed to meet his burden to show his job-related impairment has in any way hindered him from finding employment. Additional facts cited by the Appellate Division include the following: When Lukowski returned to full-duty work in May 1994, " e did not require any assistance in the performance of his job duties, which included building pallets with the use of many different types of saws and a nail gun, and cutting laminate to fit ontop of counter tops." The vocational expert testified there were not many job openings because it was the holiday season. In addition, she was not clear on Lukowski's restrictions but believed they included no lifting over 50 pounds and problems with fine motor functions, and she took into consideration Lukowski's nonwork-related problems with his right hand. The vocational expert further testified she was unable to determine whether Lukowski could perform the same job he was performing at Capitoline without first completing a full analysis of the job. Lukowski's treating physician noted that Lukowski could perform the manipulation of small objects and that Lukowski was using his left hand well.
Based on these additional findings, the Appellate Division concluded that while Lukowski has some impairment in his left hand, he failed to show the impairment has in any way hindered him from finding employment. The Appellate Division specifically concluded that the vocational expert's opinion concerning Lukowski's inabili
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