Austell Healthcare, Inc. v. Scott, 707 S.E.2d 599 (Ga. Ct. App. 2011). · Go Syfert
Austell Healthcare, Inc. v. Scott, 707 S.E.2d 599 (Ga. Ct. App. 2011). Cases Citing This Book View Copy Cite
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43 citation events (43 in the last 25 years) across 3 distinct courts.
Strongest positive: Donegal Mutual Insurance Group v. Jeffrey Jarrett (gactapp, 2022-06-27)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
examined Cited as authority (quoted) Donegal Mutual Insurance Group v. Jeffrey Jarrett (2×) also: Cited "see"
Ga. Ct. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
the employer or insurer carries the burden of proof of showing that the employee has been fully compensated, whether the employee has received compensation from the tortfeasor through a jury award or by settling his claim against the tortfeasor.
examined Cited as authority (quoted) Kathy Smallwood O'Callaghan v. Susan Angela Samples (3×) also: Cited as authority (rule), Cited "see"
Ga. Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence low
in order to constitute reversible error, both error and harm must be shown.
discussed Cited as authority (quoted) Deisha Shamblin v. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence low
in order to constitute reversible error, both error and harm must be shown.
discussed Cited as authority (rule) DONALD E. NEAL v. METRO CONTENTS, INC. (2×)
Ga. Ct. App. · 2026 · confidence medium
In support of their argument, the Neals provide only two legal citations—one for the requirements necessary to obtain relief under quantum meruit and one for the proposition that, at the summary-judgment stage, we do not weigh the evidence or make credibility determinations.10 Other than that, the Neals merely make conclusory allegations unsupported by a single record citation.11 As we have explained, a claim of error is abandoned when an appellant cites only basic legal authority (such as the standard of review), but provides no legal authority applicable to his or her specific 10 See Woods…
discussed Cited as authority (rule) Edward Ball v. State
Ga. Ct. App. · 2026 · confidence medium
Indeed, when the alleged error “is shown only the appellant’s brief and not by the record, we must assume that the trial court’s rulings were correct.”Austell Healthcare v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011) (citation and quotation marks omitted).
discussed Cited as authority (rule) SILVERSTONE RESIDENTIAL, LLC v. PREMIER RESIDENTIAL SE, LLC
Ga. Ct. App. · 2023 · confidence medium
When the error is shown only in the appellant’s brief and not by the record, we must assume that the trial court’s rulings were correct.” (Citation omitted.) Austell Healthcare, Inc. v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011).
discussed Cited as authority (rule) BEST BUY CO., INC. v. McKINNEY
Ga. Ct. App. · 2015 · confidence medium
Third and finally, Best Buy’s argument is foreclosed by Austell HealthCare v. Scott, 308 Ga. App. 393, 395-396 (1) ( 707 SE2d 599 ) (2011), where the employer and its insurer similarly complained about the language at issue appearing in the trial court’s order declining to enforce their subrogation lien.
discussed Cited as authority (rule) LANE v. WILLIAMS PLANT SERVICES Et Al.
Ga. Ct. App. · 2014 · confidence medium
“An appellant has the burden *421 of providing us with a sufficient record to enable us to review the enumerations of error raised.” (Citation omitted.) Austell Healthcare v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011). 2.
discussed Cited as authority (rule) Kenneth Lane, Sr. v. Williams Plant Services
Ga. Ct. App. · 2014 · confidence medium
“An appellant has the burden of providing us with a sufficient record to enable us to review the enumerations of error raised.” (Citation omitted.) Austell Healthcare v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011). 2.
cited Cited as authority (rule) Ronnie and Tammy Lanier v. Eastern Foundations, Inc., David Allen Beavers, & Choice Drivers
Tex. App. · 2013 · confidence medium
Membership Corp. v. Hi-Ranger, Inc., 275 Ga. 197 , 563 S.E.2d 841, 843 (2002); Austell Healthcare, Inc. v. Scott, 308 Ga.App. 393 , 707 S.E.2d 599, 601 (2011).
examined Cited as authority (rule) Suntrust Bank, as Administrator for the Estate of Michael Patrick v. Travelers Property Casualty Company of America (3×) also: Cited "see"
Ga. Ct. App. · 2013 · confidence medium
Id.9 9 See also Austell HealthCare v. Scott, 308 Ga. App. at 393-396 (1) (After the employee settled his third-party suit for a lump sum of $76,000, he moved to extinguish the $59,000 subrogation lien held by his employer and insurer.
discussed Cited as authority (rule) Mapp v. We Care Transportation Services, Inc. (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2011 · confidence medium
Andrews and McFadden, JJ., concur. 1 SunTrust Bank v. Hightower, 291 Ga. App. 62 ( 660 SE2d 745 ) (2008). 2 Austell Healthcare v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011) (citation and punctuation omitted). 3 Haughton v. Canning, 287 Ga. App. 28, 29 (2) ( 650 SE2d 718 ) (2007) (citations and punctuation omitted). 4 See id.; see also Austell, supra (when the alleged error is shown only in appellant’s brief and not by the record, appellate court must assume trial court’s rulings were correct); Hertz Corp. v. McCray, 198 Ga. App. 484, 486 (2) ( 402 SE2d 298 ) (1991) (“It is …
examined Cited "see" Suntrust Bank v. Travelers Property Casualty Co. of America (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2013 · signal: see · confidence high
See Austell HealthCare v. Scott, 308 Ga. App. 393, 397 (4) ( 707 SE2d 599 ) (2011) (“If an employer has intervened in an employee’s lawsuit against a third-party tortfeasor, after the employee has obtained a verdict in his favor or settled the case, it is the trial court’s duty to consider evidence and determine whether the employee has been fully and completely compensated.
discussed Cited "see" Spurlin v. Spurlin (2×)
Ga. · 2011 · signal: see · confidence high
See *819 Austell Healthcare v. Scott, 308 Ga. App. 393 (1) ( 707 SE2d 599 ) (2011); Giffen v. Burrell, 176 Ga. App. 278, 280 ( 335 SE2d 616 ) (1985) (On Motion For Rehearing).
discussed Cited "see, e.g." Mildred Endsley v. Geotechnical & Environmental Consultants, Inc. (2×)
Ga. Ct. App. · 2016 · signal: see also · confidence medium
Corp., 256 Ga. App. at 754 (1); accord Schecter, 335 Ga. App. at 36-37 ; see also Austell Healthcare, Inc. v. Scott, 308 Ga. App. 393, 396 (3) ( 707 SE2d 599 ) (2011) (quoting Int’l Maint.
discussed Cited "see, e.g." Endsley v. Geotechnical & Environmental Consultants, Inc. (2×)
Ga. Ct. App. · 2016 · signal: see also · confidence medium
Corp., 256 Ga.App. at 754 (1); accord Schecter, 335 Ga. App. at 36-37 ; see also Austell Healthcare, Inc. v. Scott, 308 Ga. App. 393, 396 (3) ( 707 SE2d 599 ) (2011) (quoting Int’l Maint, Corp. to note that “[w]e have previously held that an intervenor may file ‘whatever briefs, evidence, or other papers it chooses,’ and also ‘may choose discovery tactics different from those of a plaintiff ....’”).
discussed Cited "see, e.g." Schecter v. Auto-Owners Insurance Company (2×)
Ga. Ct. App. · 2015 · signal: see also · confidence medium
Corp., 256 Ga. App. at 754 (1); see also Austell Healthcare, Inc. v. Scott, 308 Ga. App. 393, 396 (3) ( 707 SE2d 599 ) (2011) (quoting Int’l Maint.
discussed Cited "see, e.g." Curry v. Miller (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
See also Austell Healthcare v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011) (when the alleged error “is shown only in the appellant’s brief and not by the record, we must assume that the trial court’s rulings were correct”) (citation and punctuation omitted).
discussed Cited "see, e.g." Wiley Curry v. Cheryl Lynn Miller (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
See also Austell Healthcare v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011) (when the alleged error “is shown only in the appellant’s brief and not by the record, we must assume that the trial court’s rulings were correct”) (citation and punctuation omitted).
Retrieving the full opinion text from the archive…
AUSTELL HEALTHCARE, INC. Et Al.
v.
SCOTT
A10A2346.
Court of Appeals of Georgia.
Mar 11, 2011.
707 S.E.2d 599
2011 Ga. App. LEXIS 193
Mary K. Rogers, Christopher R. Reeves, for appellants., Turkheimer & Hadden, John D. Hadden, Timothy J. Santelli, for appellee.
Andrews, Ellington, Doyle.
Cited by 17 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: bottom 90%
Citer courts: Court of Appeals of Georgia (3)
Andrews, Judge.

Austell Healthcare, Inc. and Travelers Indemnity Company of America (collectively “intervenors”) appeal from the trial court’s grant of Dan Scott’s motion to extinguish their subrogation lien. The trial court held that the intervenors could not prove that Scott had been fully compensated after he settled his lawsuit against third-party tortfeasors for a lump sum. Because the intervenors have come forward with no evidence that the trial court erred in determining that Scott had not been fully compensated, the trial court did not err in extinguishing the lien.

The record shows that Scott was employed by Austell HealthCare when he was injured in an automobile accident during the course and scope of his employment. Travelers Indemnity is Austell HealthCare’s workers’ compensation insurer.

Scott subsequently sued several parties that he claimed were responsible for the accident. At the time of Scott’s suit, Austell and Travelers had a subrogation lien in the amount of $59,030.02 for disability benefits and medical expenses paid to Scott up to that point.

Austell and Travelers filed a motion to intervene in the suit and also requested that they be allowed to conduct discovery. The trial court granted the motion to intervene but denied their request to participate in discovery. The trial court did, however, order that intervenors be provided copies of all discovery materials.

After Scott settled his claim against the tortfeasors for a lump sum of $76,000, he filed a motion to quash the intervenors’s lien,[*394] contending that because he had not been fully compensated, the lien should be dismissed. Scott pointed out that he had undergone two shoulder surgeries and it was determined that he was permanently partially disabled. He also stated that the disability benefits paid while he was totally disabled were significantly less than his pre-injury salary. As a result, he argued, the $76,000 paid to settle the tort suit did not equal “past and future indemnity losses coupled with past and future medical expenses.”

The intervenors opposed the motion, and the trial court held a hearing on February 1, 2010 [1] and issued its order three days later. The court ordered that the intervenors’s lien be extinguished and ordered intervenors to pay Scott $1,915 in attorney fees. This appeal followed.

1. First, intervenors argue that the trial court erred in granting the motion to quash their lien. The lien was filed under the provisions of OCGA § 34-9-11.1 (b), which provides:

(b) In the event an employee has a right of action against such other person as contemplated in subsection (a) of this Code section and the employer’s liability under this chapter has been fully or partially paid, then the employer or such employer’s insurer shall have a subrogation lien, not to exceed the actual amount of compensation paid pursuant to this chapter, against such recovery. The employer or insurer may intervene in any action to protect and enforce such lien. However, the employer’s or insurer’s recovery under this Code section shall be limited to the recovery of the amount of disability benefits, death benefits, and medical expenses paid under this chapter and shall only be recoverable if the injured employee has been fully and completely compensated, taking into consideration both the benefits received under this chapter and the amount of the recovery in the third-party claim, for all economic and noneconomic losses incurred as a result of the injury.

The intervenors claim that the trial court erred in concluding that because there was a lump sum settlement, they could not prove that Scott had been fully compensated.

The employer carries the burden of proof of showing that the employee has been fully compensated, whether the employee has received compensation from the tortfeasor through a jury award or by settling his claim against the tortfeasor. City of Warner Robins v. [*395] Baker, 255 Ga. App. 601, 604 (565 SE2d 919) (2002). In their response to Scott’s motion to quash the lien, the intervenors came forward with no evidence at all from which the trial court could conclude that Scott had been fully compensated. Moreover, the intervenors chose not to participate in the takedown of the hearing and have provided us with no transcript of that proceeding. We must presume that the intervenors were given the chance to be heard on the issue. “An appellant has the burden of providing us with a sufficient record to enable us to review the enumerations of error raised. When the error is shown only in the appellant’s brief and not by the record, we must assume that the trial court’s rulings were correct.” City of Warner Robins, supra at 602.

Instead, intervenors focus on the language in the trial court’s order stating that “the Intervenor cannot prove that Mr. Scott has been fully compensated.” (Emphasis supplied.) The order tracks the following language in City of Warner Robins v. Baker, supra:

When the employee has received a jury award, an appellate court cannot determine from a general verdict form what portion of an award was meant to compensate the employee for economic losses and what portion was meant to cover noneconomic losses. The same is true when the employee negotiates a settlement of his claim against the tortfeasor and the settlement is a lump sum. A reviewing court cannot determine from the settlement documents what portion of the settlement was allocated to economic losses and what portion was meant to compensate for noneconomic losses. The result is that the lien cannot be enforced, because full and complete compensation cannot be shown.

Id. at 604-605. Accord Paschall Truck Lines v. Kirkland, 287 Ga. App. 497, 499 (651 SE2d 804) (2007); North Bros. Co. v. Thomas, 236 Ga. App. 839, 841 (513 SE2d 251) (1999).

Their argument that the trial court erroneously held that they “cannot” show that Scott was fully compensated is unavailing. “In order to constitute reversible error, both error and harm must be shown.” Kersey v. Williamson, 284 Ga. 660, 663 (3) (670 SE2d 405) (2008). Although it appears that the trial court mistakenly believed that only after a liability award could the court hear evidence on whether the employee had been fully compensated, there is no evidence that this was reversible error. In order to prevail on their argument to this Court that the trial court erred in extinguishing their lien, intervenors must come forward with a proffer of sufficient evidence to show that Scott was fully compensated and that the trial court refused to consider this evidence. They have done neither.[*396] Accordingly, there is nothing before us to show that the trial court’s order extinguishing the lien was not proper. This enumeration of error is without merit.

2. Next, intervenors claim that the trial court was required to hold an evidentiary hearing. They cite to no authority in support of this claim and we find none. In any event, as previously stated, the record shows that the trial court did hold a hearing on Scott’s motion to quash the lien and intervenors have not shown that they were prevented from introducing evidence at that hearing or even that they had any evidence to present.

3. The intervenors argue that the trial court erred in not allowing them to participate in discovery. The trial court allowed the intervenors to receive copies of discovery but not to conduct it themselves. We have previously held that an intervenor may file “whatever briefs, evidence, or other papers it chooses,” and also “may choose discovery tactics different from those of a plaintiff. . . .” Intl. Maintenance Corp. v. Inland Paper Board & Packaging, 256 Ga. App. 752, 754 (1) (569 SE2d 865) (2002).

Nevertheless, in order to prove reversible error, the intervenors must come forward and point to pertinent evidence that was not produced during discovery between the parties. They did not do so below and have not done so on appeal. Accordingly, this enumeration presents nothing for our review.

4. The intervenors claim that the trial court erred in granting attorney fees to Scott. The intervenors’s argument on appeal is that this award was an abuse of discretion because the trial court based the award on the “same erroneous legal theory ... as its substantive ruling.” The standard of review for an award of attorney fees under OCGA § 9-15-14 (b) is abuse of discretion. See Bircoll v. Rosenthal, 267 Ga. App. 431, 439 (600 SE2d 388) (2004).

The trial court stated in its order:

Additionally, the Intervenor action in forcing the plaintiff to file a Motion [to extinguish the lien,] in the face of known precedents] contrary to [its] position[,] coupled with my previous ruling of June 18, 2008, I hereby Order that the Intervenor pay the plaintiffs attorney fees of $1915.00. [2]

In a footnote, the trial court reiterated:

The June 18, 2009 Order clearly stated, in part, “only after a liability award, for the Plaintiff, if any, shall this court hear evidence on those issues relevant to indemnity and[*397] make its ruling from the bench.” There has been no “award” in this case. Therefore, the Intervenor’s insistence on failing to withdraw their lien after the issuance of the June 18, 2009, Order and a compromise settlement between defenda[n]ts and the plaintiff, while forcing the plaintiff to file a Motion to Extinguish is frivolous of the Intervenor under OCGA § 9-15-14 at el [sic].
Decided March 11, 2011. Mary K. Rogers, Christopher R. Reeves, for appellants. Turkheimer & Hadden, John D. Hadden, Timothy J. Santelli, for appellee.

If an employer has intervened in an employee’s lawsuit against a third-party tortfeasor, after the employee has obtained a verdict in his favor or settled the case, it is the trial court’s duty to consider evidence and determine whether the employee has been fully and completely compensated. See Gen. Elec. Membership Corp. v. Garnto, 266 Ga. App. 452, 453-454 (597 SE2d 527) (2004). In doing so, the trial court is required to weigh the evidence and make a factual determination as to whether the employer has carried its burden. Id. Thus, initially allowing a lien viability hearing “only after a liability award” and subsequently sanctioning the intervenors for refusing to withdraw their lien on this basis was an abuse of discretion. Accordingly, that portion of the trial court’s order awarding attorney fees to Scott is reversed.

Judgment affirmed in part and reversed in part.

Ellington, C. J., and Doyle, J., concur.
1

The intervenors did not participate in the takedown of that hearing and have not filed a transcript of the hearing on appeal.

2

(Footnote omitted.)