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CITY OF WAYCROSS v. HOLMES

No. S00A0752.

532 S.E.2d 90 (2000)

272 Ga. 488

CITY OF WAYCROSS v. HOLMES.

Supreme Court of Georgia.

June 12, 2000.

Attorney(s) appearing for the Case

Walker & Sweat, Bruce M. Walker, Shawn F. Wildes, Waycross, for appellant.

Hackel & Hackel, Thomas M. Hackel, Waycross, for appellee.

George, Bartles & Wallach, Alex B. Wallach, Forest Park, amicus curiae.

THOMPSON, Justice.

At issue is whether an employer can take credit for disability retirement payments when it calculates and pays workers' compensation benefits. More specifically, we are asked to decide whether OCGA § 34-9-243(b), which allows credit for a "disability plan," allows credit for a "disability retirement" plan as well.1

Holmes, a City employee, was injured and awarded...

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