Work Comp Case Law Update – GA: Back Compensability Denied Where Pre-accident Medical Records Contradicted Post-accident Denials

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In 2024033320, on 10/2/25, ALJ W. Brian Mallow held that CL failed to prove a compensable lumbar injury and denied benefits and attorney’s fees. CL’s testimony regarding a new work injury was contradicted by medical records showing prior back problems and ongoing symptoms, and his credibility was further undermined by inconsistent statements, leaving the claim uncorroborated.

In 2025049565, on 10/31/25, ALJ W. Brian Mallow held that CL’s claim was barred under O.C.G.A. § 34-9-17(a) and denied the claim in its entirety. CL initiated the altercation by swinging first. Security footage depicted CL as an active participant. CL’s account was inconsistent with police statements and medical records, including failure to report the fight when seeking treatment.

In 2021082050, on 10/17/25, ALJ Kimberly S. Boehm held that EC did not establish a change in condition for the better. Medical evidence, including treating physician opinions and ongoing symptoms, did not support suspension of benefits or a change of physician as requested by EC. Certain referrals were supported as reasonable. Assessed attorney’s fees were denied.

In 2022075326, on 10/3/25, the appellate Board held that suspension of CL’s TTD benefits was not justified and adopted the ALJ’s determination reinstating benefits.

In 2023010323, on 10/3/25, the appellate Board held that CL was only entitled to TTD benefits until ATP’s full duty release, reversing the ALJ award after that date.

In 2023055372, on 10/22/25, the appellate Board held that CL was not entitled to additional treatment or assessed fees related to claimed conditions beyond the accepted body parts.

In 2023110059, on 10/22/25, the appellate Board held that CL was entitled to a change of physicians based on an improperly post physician panel, along with continuing TTD and assessed fees.

In 2024027506, on 10/17/25, the appellate Board held that CL failed to prove a compensable injury from a chemical skin exposure.

In 2024048388/2024049799, on 10/22/25, the appellate Board held that CL failed to establish a causal connection between his assembly line work and the claimed bilateral upper extremity conditions.

In 2024065870, on 10/28/25, the appellate Board held that CL failed to prove a compensable low back injury based on inconsistent reports.

We hope this information has been helpful. Let us know if you have any questions, or would like to discuss further by contacting ALevy@LevyandLevyLaw.com, or calling (813) 259-5389.

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