Clark v. Georgia Kraft Co., 345 S.E.2d 61 (Ga. Ct. App. 1986). · Go Syfert
Clark v. Georgia Kraft Co., 345 S.E.2d 61 (Ga. Ct. App. 1986). Cases Citing This Book View Copy Cite
37 citation events (6 in the last 25 years) across 2 distinct courts.
Strongest positive: JOHN TAYLOR v. ARGOS, USA (gactapp, 2025-02-25)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 8 distinct citers.
discussed Cited as authority (rule) JOHN TAYLOR v. ARGOS, USA
Ga. Ct. App. · 2025 · confidence medium
See, e.g., City of Adel v. Wise, 261 Ga. 53, 55-56 ( 401 SE2d 522 ) (1991) (providing examples of justifiable refusals to return to work, all of which do not relate to the work injury, including: a nurse who refuses a typing job because she lacks the skills to perform it, and a refusal to accept work that requires relocation from the employee’s home); see also Howard v. Scott Housing Sys., Inc., 180 Ga. App. 690 , 691- 692 (2) ( 350 SE2d 27 ) (1986) (employee was justified in refusing employment due to his incarceration pending adjudication of guilt); Clark v. Ga. Kraft Co., 178 Ga. App. 884…
discussed Cited as authority (rule) JOHN TAYLOR v. ARGOS, USA
Ga. Ct. App. · 2025 · confidence medium
See, e.g., City of Adel v. Wise, 261 Ga. 53, 55-56 ( 401 SE2d 522 ) (1991) (providing examples of justifiable refusals to return to work, all of which do not relate to the work injury, including: a nurse who refuses a typing job because she lacks the skills to perform it, and a refusal to accept work that requires relocation from the employee’s home); see also Howard v. Scott Housing Sys., Inc., 180 Ga. App. 690 , 691- 692 (2) ( 350 SE2d 27 ) (1986) (employee was justified in refusing employment due to 9 his incarceration pending adjudication of guilt); Clark v. Ga. Kraft Co., 178 Ga. App. 8…
discussed Cited as authority (rule) Freeman v. Southwire Co.
Ga. Ct. App. · 2004 · confidence medium
Barnes and Mikell, JJ., concur. 1 Hill v. Omni Hotel at CNN Center, 268 Ga. App. 144, 146 ( 601 SE2d 472 ) (2004). 2 City of Adel v. Wise, 261 Ga. 53, 54-55 ( 401 SE2d 522 ) (1991). 3 Clark v. Ga. Kraft Co., 178 Ga. App. 884, 885-886 ( 345 SE2d 61 ) (1986).
discussed Cited as authority (rule) City of Adel v. Wise
Ga. · 1991 · confidence medium
In Wise v. City of Adel, 195 Ga. App. 559 ( 394 SE2d 540 ) (1990), the Court of Appeals stated succinctly the rule of law applicable to this case: OCGA § 34-9-240 provides that “[i]f an injured employee refuses employment procured for him and suitable to his capacity, he shall not be entitled to any compensation at any time during the continuance of such refusal unless in the opinion of the board such refusal was justified.” In Clark v. Ga. Kraft Co., 178 Ga. App. 884, 885 ( 345 SE2d 61 ) (1986), this court emphasized that “the board is vested with a broad discretion in determining whet…
discussed Cited as authority (rule) Wise v. City of Adel (2×)
Ga. Ct. App. · 1990 · confidence medium
OCGA § 34-9-240 provides that "[i]f an injured employee refuses employment procured for him and suitable to his capacity, he shall not be entitled to any compensation at any time during the continuance of such refusal unless in the opinion of the board such refusal was justified." In Clark v. Ga. Kraft Co., 178 Ga. App. 884, 885 ( 345 SE2d 61 ) (1986), this court emphasized that "the board is vested with *560 a broad discretion in determining whether proffered employment is refused justifiably." In Clark , this court found no abuse of discretion in the board's determination that the employee …
discussed Cited as authority (rule) Howard v. Scott Housing Systems, Inc.
Ga. Ct. App. · 1986 · confidence medium
We are aware that “the board is vested with a broad discretion in determining whether proffered employment is refused justifiably.” Clark v. Ga. Kraft Co., 178 Ga. App. 884, 885 ( 345 SE2d 61 ) (1986).
discussed Cited "see" Medical Center, Inc. v. State Health Planning Agency (2×)
Ga. Ct. App. · 1995 · signal: see · confidence high
See Clark v. Ga. Kraft Co., 178 Ga. App. 884 ( 345 SE2d 61 ) (1986). 4.
examined Cited "see, e.g." Graves v. Builders Steel Supply (3×)
Ga. Ct. App. · 1988 · signal: see also · confidence medium
See also Clark v. Ga. Kraft Co., 178 Ga. App. 884, 886 ( 345 SE2d 61 ).
CLARK
v.
GEORGIA KRAFT COMPANY Et Al.
71696.
Court of Appeals of Georgia.
Apr 17, 1986.
345 S.E.2d 61
E. Earl Mallard, M. John Wilson, for appellant., Mallory C. Atkinson, Jr., Elton L. Wall, for appellees.
Carley, McMurray, Pope.
Cited by 16 opinions  |  Published
McMurray, Presiding Judge.

Workers’ compensation. Claimant suffered a compensable injury on December 28, 1981. The injury necessitated the amputation of claimant’s left arm above the elbow. Claimant was fitted with a myoelectrical prosthetic arm and he returned to work. At that time, the employer gave claimant a job in the shipping department where claimant experienced considerable difficulties when he worked. The work area was not air conditioned and the hot environment caused a severe rash near the harness of the prosthetic arm. Moreover, the myoelectrical device malfunctioned in the work area on account of perspiration. To remedy the situation, the employer proposed the ere[*885] ation of a courier position for claimant. In the new position, claimant would receive the same wage he was earning previously. The job called upon claimant to distribute mail inside the plant and to go on errands outside the plant in an air conditioned truck.

Claimant refused the proposed courier job as he maintained that the job was unsatisfactory because he would still be exposed to non-air conditioned areas in the plant and, more importantly, it offered no challenge and no opportunity for advancement. Thereafter, claimant ceased working because of the difficulties he encountered in the shipping department work area. Claimant sought the reinstatement of benefits alleging that he had undergone a change of condition for the worse. The employer acknowledged that claimant was unable to continue working in the shipping department, but defended the change of condition request, however, on the ground that it offered other work (the courier job) to claimant which was suitable to his capacity.

Following a hearing, the administrative law judge (ALJ) determined that the proffered employment was within claimant’s physical capacities. Nevertheless, the ALJ concluded that claimant was justified in refusing the courier job because it did not provide “a reasonable opportunity for advancement and growth and a correlation with the [claimant’s] interests and aptitudes.” Accordingly, the ALJ found that claimant did undergo a change of condition. He ordered the resumption of temporary total disability benefits and vocational rehabilitation training for claimant.

The employer appealed the ALJ’s award directly to the superior court. Holding that the facts did not show claimant justifiably refused the courier job, the superior court reversed the award of the ALJ. We granted claimant’s application for a discretionary appeal and the case is here for review. Held:

OCGA § 34-9-240 provides: “If an injured employee refuses employment procured for him and suitable to his capacity, he shall not be entitled to any compensation at any time during the continuance of such refusal unless in the opinion of the board such refusal was justified.” (Emphasis supplied.) Under this statute, the board is empowered to determine whether a refusal of employment is justified. See Hartford Accident & Indem. Co. v. Barfield, 89 Ga. App. 562 (80 SE2d 84). Such a determination is a discretionary one. Empire Glass &c. Co. v. Bussey, 33 Ga. App. 464 (3) (126 SE 912). See Columbus Foundries v. Moore, 175 Ga. App. 387 (333 SE2d 212). In fact, the board is vested with a broad discretion in determining whether proffered employment is refused justifiably. See City of Atlanta v. Padgett, 68 Ga. App. 96, 109 (22 SE2d 197). In this regard, we note that the State Board of Workers’ Compensation is an administrative agency, Cardin v. Riegel Textile Corp., 219 Ga. 695, 697 (2) (135 SE2d 284), Plummer v. State, 90 Ga. App. 773, 777 (84 SE2d 202),[*886] and that the courts must give due deference to the wisdom of the board in deciding discretionary issues within its area of expertise. See generally Bentley v. Chastain, 242 Ga. 348, 350, 351 (249 SE2d 38).

Decided April 17, 1986 Rehearing denied May 2, 1986 E. Earl Mallard, M. John Wilson, for appellant. Mallory C. Atkinson, Jr., Elton L. Wall, for appellees.

In the exercise of his discretion, the ALJ determined that claimant justifiably refused the courier job. It was the considered opinion of the ALJ that a claimant justifiably could refuse a job where it offered him no challenge and no opportunity for advancement. This was a rational determination; it did not constitute an abuse of the ALJ’s discretion. See generally 63 ALR Annot. 1241 (1929).

In reversing the decision of the ALJ, the superior court ruled that claimant did not justifiably refuse the proffered job. In so doing, the superior court failed to give due respect to the decision of the ALJ; it merely substituted its judgment for that of the ALJ. This the superior court could not do. See Carroll v. Dan River Mills, 169 Ga. App. 558, 562 (313 SE2d 741).

The case of McDaniel v. Roper Corp., 149 Ga. App. 864 (256 SE2d 146), upon which the superior court principally relied, is not apposite. In McDaniel, the board determined that the employee did not refuse light work justifiably. The superior court and this court affirmed. In the case sub judice, on the other hand, the ALJ found that claimant did refuse the proffered job justifiably. Since it cannot be said that this determination exceeded the power of the board or was contrary to law, the superior court erred in reversing the award. See OCGA § 34-9-105 (d).

Judgment reversed.

Carley and Pope, JJ., concur.