PADGETT v. WAFFLE HOUSE, INC.

No. S97G0983.

498 S.E.2d 499 (1998)

269 Ga. 105

PADGETT v. WAFFLE HOUSE, INC.

Supreme Court of Georgia.

February 23, 1998.


Attorney(s) appearing for the Case

Cliff Perkins, Perkins & Perkins, Carrollton, for Scarlett O. Padgett.

Alfred A. Quillian, Jr., Goldner, Sommers, Scrudder & Bass, Atlanta, for Waffle House, Inc., et al.

Thomas M. Finn, Rebecca Ellen Liner, Finn & Hurtt, Dalton, Alex Brian Wallach, George, Bartles & Wallach, Forest Park, Janet Elizabeth Hill, Kesler Thompson Roberts, Nelson & Hill, Athens, for amicus appellant.

J. Michael Walls, Walls & Glucksman, James Danly Fagan, Jr., Stanford, Fagan & Giolito, Atlanta, for amicus appellant.


FLETCHER, Presiding Justice.

The issue presented in this granted certiorari is whether a worker's compensation claimant who is on restricted duty due to a compensable injury and who is discharged because of those restrictions is required to show that she has made a diligent effort to obtain employment in order to receive benefits. We decline to place the burden of proving work availability on the employee in this situation because such a rule would be inconsistent...

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