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PRINGLE v. MAYOR &C. OF THE CITY OF SAVANNAH8/8/1996
We granted Timothy Pringle's application for discretionary appeal to review the superior court's order reversing the workers' compensation Appellate Division's (Board's) order requiring the City of Savannah to pay a portion of Pringle's housing costs for a handicap-accessible apartment. In a case of first impression, this opinion addresses the extent an employer, pursuant to the Workers' Compensation Act, must provide handicap-accessible housing to workers injured on the job.
Pringle, during the course of his employment as a sanitation worker with the City of Savannah, was injured when he was struck by an automobile. As a result, Pringle suffered severe injuries to his pelvis, back, and head. In addition, Pringle's left leg was amputated above the knee. Pringle sometimes uses crutches or a prosthetic device and sometimes uses a wheelchair. Pringle was awarded temporary total disability benefits and was also entitled to rehabilitation benefits under OCGA § 34-9-200.1, because his injuries were considered catastrophic.
At the time of his injury, Pringle lived in a house he rented for $200 a month. Following the accident, this house was no longer suitable for Pringle and he moved to an apartment (Robinson's Apartment Complex) which was modified into a handicap-accessible apartment
by the City of Savannah. It was soon discovered that the Robinson apartment was only partially accessible to Pringle because the kitchen cabinets could not be reached from his wheelchair and the bathroom was not large enough to accommodate his wheelchair or crutches. The rehabilitation supplier subsequently found a different apartment for Pringle in the Phillips Winters Handicapped Housing Projects (the Phillips Winters apartment). The Phillips Winters apartment is completely accessible to Pringle. The monthly rent for the Phillips Winters apartment is $331 and is calculated according to HUD guidelines based on Pringle's income.
While Pringle was living at the Robinson apartment, he requested that the City of Savannah provide him and his family with a handicap-accessible home and reimburse him for rent paid since the date of his injury. However, Pringle moved to the Phillips Winters apartment before the Administrative Law Judge (ALJ) reached a final decision regarding Pringle's request. Subsequently, the ALJ found that the Phillips Winters apartment was the most appropriate housing available. The ALJ also found that the City had subsidized the costs of the Robinson apartment and the Phillips Winters apartment since Pringle moved into them and thus denied his request for reimbursement from the City of Savannah. Pringle appealed to the Workers' Compensation Board. During the pendency of the appeal, the City stopped subsidizing Pringle's rent. The Workers' Compensation Board found that the City of Savannah was responsible for the costs of Pringle's rent in excess of the $200 a month he was paying at the time of his injury due to his need for handicap-accessible housing. The superior court reversed, holding that the Board is not authorized to require an employer to pay for an employee's housing costs.
Pringle claims the City should pay for his handicap-accessible housing because his need for this type of housing is the result of his occupational injury. The City argues that the specialized housing costs do not qualify as medical, income, or rehabilitation benefits under OCGA §§ 34-9-200, 34-9-200.1, and 34-9-261.
OCGA § 34-9-200 (a) provides that the employer shall provide medical care and other treatments "which are prescribed by a licensed physician." Since a physician has not prescribed specialized housing for Pringle, the award of housing costs cannot qualify as a medi
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