City of Macon v. Eavenson

Court of Appeals of Georgia

City of Macon v. Eavenson

233 S.E.2d 244, 141 Ga. App. 255, 1977 Ga. App. LEXIS 1858

CourtCourt of Appeals of Georgia

DecidedFebruary 9, 1977

Docket53378

StatusPublished

This text of 233 S.E.2d 244 (City of Macon v. Eavenson) 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

City of Macon v. Eavenson, 233 S.E.2d 244, 141 Ga. App. 255, 1977 Ga. App. LEXIS 1858 (Ga. Ct. App. 1977).

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Opinion

Bell, Chief Judge.

In this workmen’s compensation case the full board on appeal accepted as fact the testimony of two medical doctors overturning the administrative law judge’s finding of fact based on the contra testimony of one doctor. The superior court reversed reciting in its order that the board’s award was improper because "The Board merely changed the Administrative Law Judge’s holding on the question of causation of death without giving any different evidence to support this charge. The 'any evidence rule’ has no application in this claim. .Held:

The court erred in reversing the award of the board. The "any evidence” rule does apply in this case. See [256]*256American Motorists Ins. Co. v. Brown, 128 Ga. App. 813 (198 SE2d 348) scad Springfield Ins. Co. v. Harris, 106 Ga. App. 422 (126 SE2d 920).

Submitted January 31, 1977 Decided February 9, 1977. Lawton Miller, Jr., for appellant. Neal D. McKenney, John M. Hancock, for appellee.

Judgment reversed.

McMurray and Smith, JJ., concur.

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Bell, Chief Judge.

In this workmen’s compensation case the full board on appeal accepted as fact the testimony of two medical doctors overturning the administrative law judge’s finding of fact based on the contra testimony of one doctor. The superior court reversed reciting in its order that the board’s award was improper because "The Board merely changed the Administrative Law Judge’s holding on the question of causation of death without giving any different evidence to support this charge. The 'any evidence rule’ has no application in this claim. .Held:

The court erred in reversing the award of the board. The "any evidence” rule does apply in this case. See [256]*256American Motorists Ins. Co. v. Brown, 128 Ga. App. 813 (198 SE2d 348) scad Springfield Ins. Co. v. Harris, 106 Ga. App. 422 (126 SE2d 920).

Submitted January 31, 1977 Decided February 9, 1977. Lawton Miller, Jr., for appellant. Neal D. McKenney, John M. Hancock, for appellee.

Judgment reversed.

McMurray and Smith, JJ., concur.

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Bluebook (online)

233 S.E.2d 244, 141 Ga. App. 255, 1977 Ga. App. LEXIS 1858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-macon-v-eavenson-gactapp-1977.

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