Colbert v. AMERICAN FIRE & CASUALTY COMPANY

186 S.E.2d 432, 124 Ga. App. 808, 1971 Ga. App. LEXIS 1115
CourtCourt of Appeals of Georgia
DecidedOctober 27, 1971
Docket46346
StatusPublished
Cited by4 cases

This text of 186 S.E.2d 432 (Colbert v. AMERICAN FIRE & CASUALTY COMPANY) 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
Colbert v. AMERICAN FIRE & CASUALTY COMPANY, 186 S.E.2d 432, 124 Ga. App. 808, 1971 Ga. App. LEXIS 1115 (Ga. Ct. App. 1971).

Opinion

Hall, Presiding Judge.

Claimant appeals from the judgment of the superior court affirming an award of the State Board of Workmen’s Compensation on the sole ground that the award of the full board was null and void because it adopted the factual findings and award of the deputy director. This, he contends, is an unauthorized appellate-type review rather than the de novo proceeding to which he is entitled under Code Ann. § 114-708.

The contention is without merit. The award of the full board specifically stated that it had reviewed the entire record and made the same findings as had the deputy director. Therefore the award cannot be attacked as having made no independent findings of fact. Gatrell v. Employers Mut. Liab. Ins. Co., 226 Ga. 688 (177 SE2d 77); American Cas. Co. v. Wilson, 99 Ga. App. 219 (108 SE2d 137).

Further, the board is to be commended for being succinct. A full-blown recital of identical findings would have added nothing except more paper to a governmental structure already groaning under its weight.

Judgment affirmed.

Bell, C. J., and Eberhardt, J., concur. Whitman not participating because of illness.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cooper v. Simmons Company
267 S.E.2d 866 (Court of Appeals of Georgia, 1980)
American Mutual Liability Insurance v. Williams
211 S.E.2d 193 (Court of Appeals of Georgia, 1974)
Colbert v. Apex Carpet Finishers, Inc.
194 S.E.2d 468 (Supreme Court of Georgia, 1972)
Courtney v. General Accident Group
186 S.E.2d 433 (Court of Appeals of Georgia, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
186 S.E.2d 432, 124 Ga. App. 808, 1971 Ga. App. LEXIS 1115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colbert-v-american-fire-casualty-company-gactapp-1971.