DILLARD, Judge.
Following the death of her husband, Violet Johnson sought dependent's benefits from her husband's employer, the Wilkinson County Board of Education. After an administrative-law judge and the State Board of Workers' Compensation (the "Board") denied her claim, Mrs. Johnson appealed to the superior court, which reversed the Board's ruling and remanded the case to the ALJ for further consideration. Wilkinson County now appeals, arguing that the superior court erred in ruling that Mrs. Johnson was entitled to the presumption that her husband's death arose out of and in the course of his employment,
At the outset, we note that in reviewing a workers' compensation award, this Court must construe the evidence "in the light most favorable to the party prevailing before the appellate division."
In the case sub judice, the record shows that Harold Johnson was employed as the principal and athletic director for the Wilkinson County High School. His medical history included diagnoses of hypertension, obesity, renal insufficiency, and gout. On the morning of December 16, 2008, Johnson and a school volunteer traveled in Johnson's pickup truck to the Veterans Administration Hospital in Dublin, Georgia, to inspect, and possibly transport, computers that were being donated to the high school. While at the VA, Johnson walked 300 or 400 yards to the warehouse where the computers were stored and then, after determining that there were more computers than they could transport at that time, he walked 300 or 400 yards back to the front of the VA building, where his truck was parked.
As they began their trip back to the high school, Johnson and the volunteer first stopped briefly to buy lunch at a nearby fastfood restaurant, and Johnson ate two sandwiches as he drove. About ten minutes after Johnson finished eating, the volunteer noticed that Johnson was driving erratically, fidgeting, and sweating profusely. A minute or so later, the volunteer noticed Johnson attempting to loosen his tie and unbutton his shirt as if to get air. Shortly thereafter, at the volunteer's request, Johnson stopped his truck so that the volunteer could take over driving, which he did for the remainder of the trip.
When they arrived back at the high school, Johnson immediately went to the restroom in the teachers' workroom and, shortly thereafter, to his office. In his office, Johnson's secretary observed that he was sweating profusely, and Johnson asked her to help him unbutton and remove his shirt. The school nurse was then called, and when she arrived at the office, Johnson was propped up on a small sofa, and he asked the nurse to help him because he was "hurting really bad" and "burning up." The nurse measured Johnson's blood pressure, and upon determining that it was significantly elevated, she asked that an ambulance be called. While waiting for the ambulance to arrive, the assistant principal, who was also present in Johnson's office, asked Johnson whether he had been taking his prescribed blood-pressure medicine, and Johnson replied that he had not.
Several minutes later, paramedics arrived on the scene and transported Johnson to the hospital. There, Johnson's blood pressure was noted as being 196/60, and a CT scan
Thereafter, Violet Johnson filed a claim seeking dependency benefits, medical expenses, final expenses, and attorney fees from Wilkinson County on the grounds that her husband's death arose out of and in the course of his employment. Wilkinson County denied Mrs. Johnson's claim for benefits. And following a hearing, the ALJ agreed with Wilkinson County's decision, finding that Mrs. Johnson failed to show by a preponderance of the evidence that her husband's aortic dissection was "attributable to the performance of his usual work of employment." Additionally, the ALJ held that Mrs. Johnson was not entitled to the presumption that her husband's death arose out of and in the course of his employment because he was not found dead in a place where he could reasonably be expected to be in the performance of his job duties. Mrs. Johnson then appealed the denial of benefits to the appellate division of the State Board of Workers' Compensation, which affirmed the ruling of the ALJ.
Consequently, Mrs. Johnson appealed to the Superior Court of Wilkinson County. After the parties filed briefs on the issues, the superior court held that the ALJ erred in concluding that "[b]ecause the deceased employee was not found dead in a place where he could reasonably be expected to be in the performance of his job duties, the claimant is not entitled to the presumption that the deceased employee's death arose out of and in the course of his employment." To the contrary, the superior court held that the incident that resulted in Johnson's death did, in fact, occur at a time and place when he was in the performance of his job duties, and thus, Mrs. Johnson was entitled to the presumption that her husband's death arose out of and in the course of his employment. In addition, the court held that the ALJ should have considered, in light of this presumption, whether a preponderance of the competent and credible evidence showed that the condition which resulted in Johnson's death was an aggravation of a pre-existing condition. In accordance with these holdings, the court reversed and remanded the case for further consideration. Thereafter, Wilkinson County filed an application for discretionary appeal, which we granted. This appeal follows.
As previously noted, Wilkinson County now contends that the superior court erred in ruling that Mrs. Johnson was entitled to the presumption that her husband's death arose out of and in the course of his employment, in finding that Johnson's death occurred when he was performing his job duties, and in remanding the case to the ALJ for a determination of whether Johnson's death was the result of his employment aggravating his pre-existing medical condition. We agree that the superior court erred in ruling that Mrs. Johnson was entitled to the presumption that her husband's death arose out of and in the course of his employment and in finding as a matter of fact that the incident resulting in Johnson's death occurred while he was performing his job duties. Thus, we vacate the superior court's order. Nevertheless, because the ALJ similarly applied an erroneous theory of law in determining that Mrs. Johnson was not entitled to the presumption that her husband's death arose out of and in the course of his employment, we must also vacate the Board and the ALJ's rulings and remand the case to the ALJ for further consideration consistent with this opinion.
The Workers' Compensation Act was enacted "as a humanitarian measure providing relief to the injured employee and protecting employers from excessive damage awards."
Importantly, the presumption that the death arose out of the decedent's employment "arises only where the death is unexplained."
Here, both the ALJ and the Board held that the unexplained death presumption did not arise because Mrs. Johnson's husband
Nevertheless, the superior court erred in two respects by holding that the presumption necessarily arose based on the court's finding that the incident "which ultimately resulted in [Johnson's] death did occur at a time and place when [Johnson] was in the performance of his job duties." First, in finding that the incident that resulted in Johnson's death occurred while Johnson was performing his job, the superior court improperly substituted itself as a fact-finding body.
Accordingly, we vacate the superior court's order and the ALJ's order denying Mrs. Johnson's claim for dependent's benefits, and we remand the case to the ALJ. On remand, the ALJ shall determine if the unexplained-death presumption is applicable by determining whether the incident that resulted in Johnson's death occurred at a time and place in which Johnson might reasonably be expected to be in the performance of his job duties and whether the precipitating cause of Johnson's death is unexplained.
Judgment vacated and case remanded with direction.
ELLINGTON, C.J., and PHIPPS, P.J., concur.