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CITY OF ATLANTA v. GENTRY.
73961.
POPE, Judge.
Workers' compensation. Fulton Superior Court. Before Judge Langham.
It is clearly established that an employee may simultaneously receive benefits for permanent partial disability from one injury and temporary disability for another, separate injury. Cedartown Nursing Home v. Dunn, 174 Ga. App. 720 (2) (330 SE2d 905) (1985). This is also the case where a single accident results in multiple injuries to different parts of the body, one injury resulting in a permanent partial loss of function and one injury resulting in temporary partial incapacity to work. Hartford Accident &c. Co. v. Brennan, 85 Ga. App. 163 (1) (68 SE2d 170) (1951). This appeal presents the novel issue of whether two separate injuries to the same part of the body may also entitle the employee to simultaneous benefits.
Where, as here, a second injury arising out of a specific job-related incident aggravates a pre-existing condition which resulted from a prior job-related accident, "the second accident . . . is a new injury." Central State Hosp. v. James, 147 Ga. App. 308, 309 (248 SE2d 678) (1978). "OCGA 34-9-263 (b) (2) . . . merely [provides] that an employee who suffers a single compensable injury shall not be entitled to permanent partial disability benefits for that injury, so long as he would be entitled to receive temporary total disability or temporary partial disability benefits as the result of that same injury." Cedartown Nursing Home v. Dunn, supra at 726-727. Here, there were two separate accidents resulting in two separate injuries, although to the same part of the body. As a result of the first injury the employee sustained a partial physical impairment from which he was released to return to work. As a result of the second injury the employee sustained an economic disability to work. "[A]n injured employee is not precluded from receipt of compensation for a permanent partial physical disability, while at the same time receiving compensation for a temporary total or partial economic disability which results from an entirely separate injury." Id. at 727. We hold that the same rationale applies even though the separate injuries were to the same part of the body.
Marva Jones Brooks, Jo Avery Crowder, Kendric E. Smith, for appellant.
DECIDED JULY 14, 1987 -- REHEARING DENIED JULY 31, 1987 -- CERT. APPLIED FOR.
Thursday May 21 13:32 EDT


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