Court of Appeals Affirms Board’s Finding that Claimant Failed to Make Diligent Job Search

In Brown Mechanical Contractors, Inc. v. Maughon, ____ Ga.App. ____, 2012 WL 1948787 (May 30, 2012), the issue was whether the Claimant, Maughon, was entitled to temporary total disability (“TTD”) benefits based on evidence of his job search after being laid off by the employer, Brown Mechanical, for reasons unrelated to his disability.  Evidence showed that Maughon looked for work with “well over 100” employers over more than six months.  Maughon provided a log documenting his activities and further testified that he received three job offers which were rescinded after disclosure of his injury/work restrictions.  The ALJ determined that the job search was sufficient and Maughon was entitled to TTD.  The Board, however, concluded that 110 job searches over 144 “work days” is not sufficient as it equates to less than one job search per day.  The Board also received evidence that Maughon did not follow-up with 22 of the 110 employers, failed to search for periods of time lasting up to 27 days, and Maughon was concentrating his job search in labor when his experience is managerial/sales.  The Board concluded that this failure to seek relevant jobs was an attempt “to avoid being hired in order to bolster his claim for indemnity benefits” and, along with findings on the other above-mentioned evidence, overruled the ALJ and denied TTD benefits.  The Court of Appeals agreed with the Board, following the standard of review in Master Craft Flooring v. Dunham, 308 Ga.App. 430, 434 (2011)(role of reviewing court is to determine whether the Board’s findings are supported by any evidence).

For more information, please contact Timothy J. Buckley III, Esq. at (404) 633-9230.

Subscribe to the Buckley Brown Blog!


%d bloggers like this: