 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Georgia-Pacific Corporation v. Wilson9/21/1999
y, arose out of an accident in which a compensable physical injury was sustained, and that injury contributes to the continuation of the psychic trauma. The physical injury need not be the precipitating cause of the psychic trauma; it is compensable if the physical injury contributes to the continuation of the psychic trauma. Abernathy v. City of Albany, 269 Ga. 88, 88-89 (495 SE2d 13) (1998).
While it is undisputed that Wilson suffers from ongoing psychological problems, the ALJ found evidence that the mental condition was the result of a multitude of factors not attributable to the compensable injury . In reaching that result, the ALJ specifically relied upon an independent medical (psychological) examination conducted by Daniel Nagelberg, Ph.D. Dr. Nagelberg found:
he evidently has long-standing unresolved conflicts related to her childhood. She was obviously becoming fragile and vulnerable for a number of years prior to her work-related injury (manifested by panic attacks and driving phobia). Ms. Wilson's depression is the result of a number of factors including chronic pain, unemployment, financial distress, inability to obtain Social Security benefits, and pre-morbid personality characteristics.
In concluding otherwise, the superior court relied upon other medical evidence. However, the court was not authorized to reweigh the evidence or to Judge the credibility of the witnesses. Bibb County v. Short, 238 Ga. App. 291, 292 (__ SE2d__) (1999). Rather, the findings of the Board must be affirmed by this court as well as by the superior court when the ALJ and the appellate division weigh the conflicting evidence of medical experts and credit one over the other. Metro Interiors, Inc. v. Cox, 218 Ga. App. 396, 398 (461 SE2d 570) (1995). Since the record contains some evidence which supports the finding of the ALJ that Wilson failed to sustain her burden of establishing a change in condition, the superior court erred in substituting its own judgment and by reversing the State Board's award. Guarantee Mut. Ins. Co. v. Wade Investments, 232 Ga. App. 328, 330 (499 SE2d 925) (1998).
2. In light of the above holding, we need not reach the remaining enumerations of error.
Judgment reversed. Blackburn, P. J., and Barnes, J., concur.
|