“Don’t Lift that Box”: Georgia Worker Fired For Insubordination, Not Because of His Injury
That the firing of a worker has some connection to his or her work-related injury is insufficient, in and of itself, to support an award of temporary disability benefits following the termination, held a Georgia appellate court in Burch v. STF Foods, Inc., 2019 Ga. App. LEXIS 620 (Oct. 29, 2019). Accordingly, where a restaurant worker injured his shoulder and back in one work-related incident, was subsequently advised on multiple occasions by his supervisors not to lift anything without their express direction, and yet, the worker further strained his back when a box he had lifted (without permission) caused a stack of boxes to fall on him, there was sufficient evidence for the Board to find that his firing was the result of the worker’s insubordination, and not his work-related injury.
Background
In early January 2013, while at work, the employee (Burch), who was employed at a local Wendy’s fast food restaurant, injured his upper back while attempting to move a stock pot full of chili. On January 21, 2013, Burch strained his eyes and upper back/shoulder area after trying to lift a trash bag into a dumpster. Burch’s manager instructed him in writing on January 22, 2013 not to lift anything and to ask other employees for assistance. Burch also had a meeting with management about not lifting anything heavy while at work to keep him from re-injuring his back. Despite these instructions, Burch continued to lift heavy items including a bag of trash on January 27, 2013, and boxes of fries on November 19, 2013.
In this last incident, a stack of boxes collapsed on Burch’s head and chest, further straining his back that same day. On December 19, 2013, the employer informed Burch that he was being terminated for insubordination related to his continuing to lift things at work despite being instructed on multiple occasions by his supervisor against any heavy exertion.
Burch filed a claim seeking TTD benefits and medical expenses. An ALJ found that the “main reason” for Burch’s termination was his insubordination, but because his supervisors’ instructions arose from Burch’s restricted work capacity caused by his previous on-the-job accidents, the ALJ found that Burch stopped working and became disabled because of his work injuries.
Board Reverses
The Appellate Division of the State Board of Workers’ Compensation (the “Board”) reversed the award of TTD benefits, concluding that the ALJ erred in finding that a relationship between Burch’s work-related injuries and his stopping work on December 19, 2013. The Board further found that Burch failed to prove any loss of earning capacity was attributable to his compensable work injuries.
Appellate Court
Initially, the appellate court observed that the proximate cause of an employee’s termination was a factual determination reserved for the ALJ or the Board, but not for the Court. The Court said there was ample evidence to support the Board’s determination that the proximate cause of Burch’s firing was insubordination. Despite specific instructions not to do so, Burch continued to lift heavy items. The separation notice given to Burch at the time of his firing noted that he was being terminated for insubordination.