American Mutual Liability Insurance Co. v. Lindsey

Court of Appeals of Georgia

American Mutual Liability Insurance Co. v. Lindsey

11 S.E.2d 512, 63 Ga. App. 658, 1940 Ga. App. LEXIS 518

CourtCourt of Appeals of Georgia

DecidedSeptember 19, 1940

Docket28331.

StatusPublished

Cited by8 cases

This text of 11 S.E.2d 512 (American Mutual Liability Insurance Co. v. Lindsey) 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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American Mutual Liability Insurance Co. v. Lindsey, 11 S.E.2d 512, 63 Ga. App. 658, 1940 Ga. App. LEXIS 518 (Ga. Ct. App. 1940).

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Opinion

Gardner, J.

1. Under the workmen’s compensation act, where there has been an award, by a commissioner under the Code, § 114-707, either party may apply for review by the entire board within seven days from the date of the notice of the award made by that commissioner. § 114-708. The fact that the losing party in the hearing before the commissioner makes an appeal to the superior court, as is provided in § 114-710, before the expiration of the seven days, will not subject such an appeal to dismissal. The failure to appeal in seven days makes the award of the single commissioner final. An appeal to the superior court before the expiration of the seven days also is a waiver of the right to appeal to the board, but does not otherwise affect the rights of the parties.

2. A careful reading of evidence introduced before the commissioner convinces us that there was ample evidence to support the award denying compensation to the claimant. The superior court erred in setting aside the award and in awarding compensation.

Judgment reversed,.

Broyles, O. J., and MacIntyre, J., concur.

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Gardner, J.

1. Under the workmen’s compensation act, where there has been an award, by a commissioner under the Code, § 114-707, either party may apply for review by the entire board within seven days from the date of the notice of the award made by that commissioner. § 114-708. The fact that the losing party in the hearing before the commissioner makes an appeal to the superior court, as is provided in § 114-710, before the expiration of the seven days, will not subject such an appeal to dismissal. The failure to appeal in seven days makes the award of the single commissioner final. An appeal to the superior court before the expiration of the seven days also is a waiver of the right to appeal to the board, but does not otherwise affect the rights of the parties.

2. A careful reading of evidence introduced before the commissioner convinces us that there was ample evidence to support the award denying compensation to the claimant. The superior court erred in setting aside the award and in awarding compensation.

Judgment reversed,.

Broyles, O. J., and MacIntyre, J., concur.

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11 S.E.2d 512, 63 Ga. App. 658, 1940 Ga. App. LEXIS 518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-mutual-liability-insurance-co-v-lindsey-gactapp-1940.

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