Aetna Casualty & Surety Co. v. Davidson

Court of Appeals of Georgia

Aetna Casualty & Surety Co. v. Davidson

175 S.E.2d 91, 121 Ga. App. 669, 1970 Ga. App. LEXIS 1304

CourtCourt of Appeals of Georgia

DecidedApril 14, 1970

Docket44999

StatusPublished

Cited by1 cases

This text of 175 S.E.2d 91 (Aetna Casualty & Surety Co. v. Davidson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aetna Casualty & Surety Co. v. Davidson, 175 S.E.2d 91, 121 Ga. App. 669, 1970 Ga. App. LEXIS 1304 (Ga. Ct. App. 1970).

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Opinion

Pannell, Judge.

This is an appeal from the judgment of the superior court affirming an award of the State Board of Workmen’s Compensation, which found that the employee suffered an original compensable injury on November 28, 1966, about which the employer was notified in accordance with Code § 114-303, and that claimant, on July 8, 1968, after having continued to work off and on during the interim, was forced to cease work entirely because of the aggravation of the original injury arising out of and in the course of the employment, and that an application for hearing filed on August 9, [670]*6701968, was within the statute of limitation and awarded compensation accordingly. The evidence here was sufficient to authorize the findings which supported the application of the rulings of this court in Noles v. Aragon Mills, 114 Ga. App. 130 (150 SE2d 305) and Mallory v. American Cas. Co., 114 Ga. App. 641 (152 SE2d 592), that, under these circumstances, the statute of limitation would run from the date the employee was forced to cease work, if the aggravation of the original injury was attributable to the continued employment.

Argued January 9, 1970 Decided April 14, 1970. Calhoun ■& Kernaghan, William C. Calhoun, for appellants. George B. Bushing, for appellee.

Judgment affirmed.

Jordan, P. J., and Eberhardt, J., concur.

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Pannell, Judge.

This is an appeal from the judgment of the superior court affirming an award of the State Board of Workmen’s Compensation, which found that the employee suffered an original compensable injury on November 28, 1966, about which the employer was notified in accordance with Code § 114-303, and that claimant, on July 8, 1968, after having continued to work off and on during the interim, was forced to cease work entirely because of the aggravation of the original injury arising out of and in the course of the employment, and that an application for hearing filed on August 9, [670]*6701968, was within the statute of limitation and awarded compensation accordingly. The evidence here was sufficient to authorize the findings which supported the application of the rulings of this court in Noles v. Aragon Mills, 114 Ga. App. 130 (150 SE2d 305) and Mallory v. American Cas. Co., 114 Ga. App. 641 (152 SE2d 592), that, under these circumstances, the statute of limitation would run from the date the employee was forced to cease work, if the aggravation of the original injury was attributable to the continued employment.

Argued January 9, 1970 Decided April 14, 1970. Calhoun ■& Kernaghan, William C. Calhoun, for appellants. George B. Bushing, for appellee.

Judgment affirmed.

Jordan, P. J., and Eberhardt, J., concur.

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175 S.E.2d 91, 121 Ga. App. 669, 1970 Ga. App. LEXIS 1304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aetna-casualty-surety-co-v-davidson-gactapp-1970.

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