Aetna Fire Underwriters Insurance v. Mitchell

Court of Appeals of Georgia

Aetna Fire Underwriters Insurance v. Mitchell

231 S.E.2d 153, 140 Ga. App. 406, 1976 Ga. App. LEXIS 1497

Court of Appeals of Georgia·Decided November 10, 1976·No. 53054·Published

Opinion

Stolz, Judge.

In this workmen’s compensation case, the appellee was originally injured on January 8, 1971, and received [407] compensation through October 1973. At the hearing which is the subject of this appeal, the appellee was found to have suffered a change of condition, becoming totally incapacitated to work beginning December 10, 1974. She was, therefore, awarded compensation for the then-existing statutory maximum of 400 weeks. Both the appellee and the appellant insurer and employer stipulate that the award did not take into consideration compensation already awarded for 138 weeks, and the same should be deducted from the 400-week award. Therefore, we remand this case for action by the board in accordance herewith.

Submitted November 1, 1976 Decided November 10, 1976. Saveli, Williams, Cox & Angel, John M. Williams, Cullen Hammond, for appellants. E. Lamar Gammage, Jr., for appellee.

Judgment reversed and remanded.

Bell, C. J., and Clark, J., concur.

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Stolz, Judge.

In this workmen’s compensation case, the appellee was originally injured on January 8, 1971, and received [407] compensation through October 1973. At the hearing which is the subject of this appeal, the appellee was found to have suffered a change of condition, becoming totally incapacitated to work beginning December 10, 1974. She was, therefore, awarded compensation for the then-existing statutory maximum of 400 weeks. Both the appellee and the appellant insurer and employer stipulate that the award did not take into consideration compensation already awarded for 138 weeks, and the same should be deducted from the 400-week award. Therefore, we remand this case for action by the board in accordance herewith.

Submitted November 1, 1976 Decided November 10, 1976. Saveli, Williams, Cox & Angel, John M. Williams, Cullen Hammond, for appellants. E. Lamar Gammage, Jr., for appellee.

Judgment reversed and remanded.

Bell, C. J., and Clark, J., concur.

Aetna Fire Underwriters Insurance v. Mitchell, 231 S.E.2d 153, 140 Ga. App. 406, 1976 Ga. App. LEXIS 1497 (Ga. Ct. App. 1976).

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