American Mutual Liability Ins. v. Dyer

Court of Appeals of Georgia

American Mutual Liability Ins. v. Dyer

95 S.E.2d 725, 94 Ga. App. 619, 1956 Ga. App. LEXIS 629

CourtCourt of Appeals of Georgia

DecidedNovember 20, 1956

Docket36354

StatusPublished

This text of 95 S.E.2d 725 (American Mutual Liability Ins. v. Dyer) 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.

Bluebook

American Mutual Liability Ins. v. Dyer, 95 S.E.2d 725, 94 Ga. App. 619, 1956 Ga. App. LEXIS 629 (Ga. Ct. App. 1956).

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Opinion

Eelton, C. J.

1. In order to be entitled to compensation lor a hernia, the employee must prove that the hernia resulted from an accident arising out of and in the course of his employment, that the resulting hernia [620]*620did not exist prior to the accident, that it was accompanied by pain, that it appeared suddenly, and immediately followed the accident. Code § 114-412; Liberty Mutual Ins. Co. v. Blackshear, 197 Ga. 334, 337 (28 S. E. 2d 860). In this case the evidence authorized the finding by the board that the claimant failed to carry the burden of proving that the hernia appeared suddenly and that the hernia immediately followed an accident and it was error for the judge of the superior court to reverse the award of the board denying compensation.

Decided November 20, 1956. Ferdinand Buckley, Marshall, Greene & Neely, Burt De Bieux, for plaintiff in error. H. E. Kinney, Pittman, Kinney & Poye, contra.

2. Where an award denying compensation is authorized by the evidence, the award will not be reversed merely because the board made one or more findings of fact not essential to the judgment in the case and not authorized by the evidence. While the finding of the board that the claimant’s own testimony showed that the hernia did not appear suddenly and did not immediately follow the accident may not have been authorized, the board was authorized from other testimony and circumstances to find that the hernia did not appear suddenly and did not immediately follow the accident. American Mutual Liability Ins. Co. v. Sisson, 198 Ga. 623 (32 S. E. 2d 295). The court erred in reversing the award denying compensation.

Judgment reversed.

Quillian and Nichols, JJ., concur.

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Eelton, C. J.

1. In order to be entitled to compensation lor a hernia, the employee must prove that the hernia resulted from an accident arising out of and in the course of his employment, that the resulting hernia [620]*620did not exist prior to the accident, that it was accompanied by pain, that it appeared suddenly, and immediately followed the accident. Code § 114-412; Liberty Mutual Ins. Co. v. Blackshear, 197 Ga. 334, 337 (28 S. E. 2d 860). In this case the evidence authorized the finding by the board that the claimant failed to carry the burden of proving that the hernia appeared suddenly and that the hernia immediately followed an accident and it was error for the judge of the superior court to reverse the award of the board denying compensation.

Decided November 20, 1956. Ferdinand Buckley, Marshall, Greene & Neely, Burt De Bieux, for plaintiff in error. H. E. Kinney, Pittman, Kinney & Poye, contra.

2. Where an award denying compensation is authorized by the evidence, the award will not be reversed merely because the board made one or more findings of fact not essential to the judgment in the case and not authorized by the evidence. While the finding of the board that the claimant’s own testimony showed that the hernia did not appear suddenly and did not immediately follow the accident may not have been authorized, the board was authorized from other testimony and circumstances to find that the hernia did not appear suddenly and did not immediately follow the accident. American Mutual Liability Ins. Co. v. Sisson, 198 Ga. 623 (32 S. E. 2d 295). The court erred in reversing the award denying compensation.

Judgment reversed.

Quillian and Nichols, JJ., concur.

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95 S.E.2d 725, 94 Ga. App. 619, 1956 Ga. App. LEXIS 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-mutual-liability-ins-v-dyer-gactapp-1956.

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