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City Of Atlanta v. Arnold11/13/2000
RU-048
The City of Atlanta appeals a judgment affirming an award of workers' compensation benefits to Neal Arnold, a former police officer who voluntarily retired on disability. The City contends that it was entitled to credit for amounts it paid into an employer-funded disability retirement plan. The City further asserts that voluntary retirement, without more, does not prove the occurrence of a change in condition. After review, we agree only with the City's latter contention. We therefore affirm in part and reverse in part.
While on-duty and operating a motorcycle, Arnold sustained injuries in an accident on October 25, 1995, and received workers' compensation benefits. About six months later, in April 1996, Arnold's authorized treating physician released him to light duty work, and Arnold returned to work at the police department. Initially, Arnold was assigned to a day shift position involving limited administrative duties. Later, Arnold was reassigned to an office position for the evening shift. His job duties included checking reports, manning the radio room at the beginning of the shift, and distributing reports and walkie talkie batteries to fellow police officers. At times, his responsibilities entailed some walking when he needed to inventory police vehicles or to retrieve files from a back room.
In November 1996, while still working the day shift, Arnold applied to the City for disability retirement. On July 15, 1997, the City approved Arnold's pension application. Three days later, Arnold quit working for the police department altogether. Arnold testified that it was his preference to go out on disability pension rather than to work any kind of light duty position for the City. Under the disability pension plan, Arnold received his full salary until February 7, 1998, at which time he sought the resumption of workers' compensation temporary total disability benefits.
On May 1, 1998, Arnold filed a request for a hearing on the issue of income benefits. The City then sought to obtain credit for the amount it had paid toward Arnold's disability retirement benefits. At the hearing, the City and Arnold stipulated that under the City's disability pension plan under which Arnold obtained coverage, an employee could qualify for a disability pension despite the availability of a light duty position at the time of the approval of the employee's pension application. The record confirms that Arnold never sought a different position within the police department or a transfer.
The administrative law judge ("ALJ") concluded that Arnold was entitled to a resumption of workers' compensation income benefits from February 8, 1998, and continuing. The ALJ expressly determined:
I find that because the employee voluntarily quit his job with the employer following the approval of his retirement pension based on his disability, that availability or suitability of the employer's light duty job at that time need not be considered.
The ALJ denied the City's request for reimbursement. The award was subsequently affirmed by the appellate division of the State Board of Workers' Compensation and by the superior court. The City filed this appeal.
1. The City asserts that the superior court erred in concluding that it could not take credit under to OCGA § 34-9-243 (b) for benefits paid under the employer-funded disability retirement pension plan. The Georgia Supreme Court, however, recently decided this exact issue adversely to the City. The Supreme Court held that while OCGA § 34-9-243 (b) allows credit for a disability plan, it does not allow credit for a disability retirement plan. The Court determined that OCGA § 34-9-243
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