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Consolidated Underwriters v. Boyd

137 S.E.2d 558, 109 Ga. App. 823, 1964 Ga. App. LEXIS 1009
CourtCourt of Appeals of Georgia
DecidedMay 25, 1964
Docket40738
StatusPublished

This text of 137 S.E.2d 558 (Consolidated Underwriters v. Boyd) 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
Consolidated Underwriters v. Boyd, 137 S.E.2d 558, 109 Ga. App. 823, 1964 Ga. App. LEXIS 1009 (Ga. Ct. App. 1964).

Opinion

Nichols, Presiding Judge.

1. Where an award of the State Board of Workmen’s Compensation is supported by any evidence, no error of law appearing, it must be affirmed on appeal. Bituminous Cas. Corp. v. Wilbanks, 68 Ga. App. 631 (23 SE2d 519); Harper v. National Traffic Guard Co., 73 Ga. [824]*824App. 385 (2a) (36 SE2d 842); Kell v. Bridges, 80 Ga. App. 55 (1) (55 SE2d 309); Fleming v. Fidelity & Cas. Co., 89 Ga. App. 405, 406 (79 SE2d 407); Pepperell Mfg. Co. v. Mathis, 92 Ga. App. 85, 88 (88 SE2d 201); St. Paul-Mercury Indem. Co. v. Fletcher, 97 Ga. App. 429, 430 (103 SE2d 438).

Decided May 25, 1964 Rehearing denied June 15, 1964. Woodruff, Saveli, Lane & Williams, John M. Williams, for plaintiffs in error. Conger & Conger, Leonard H. Conger, contra.

2. In order to support an award for an alleged “change in condition”'for the better there must be evidence that the claimant’s condition has changed for the better subsequent to the previous award of the board in which the claimant’s condition was adjudicated. Phinese v. Ocean Accident &c. Corp., 81 Ga. App. 394 (58 SE2d 921); Fletcher v. Aetna Cas. &c. Co., 95 Ga. App. 23 (96 SE2d 650); St. Paul-Mercury Indem. Co. v. Fletcher, 97 Ga. App. 429, supra.

3. In the present case the uncontradicted testimony of the claimant that his physical condition, at the time of the hearing on the change of condition was worse, coupled with the fact that there was no medical or other testimony showing any change of condition, supported the award of the board that there had not been a change for the better in claimant's condition. See Travelers Ins. Co. v. Hammond, 90 Ga. App. 595 (83 SE2d 576); General Motors Corp. v. Craig, 91 Ga. App. 239 (85 SE2d 441), and St. Paul-Mercury Indem. Co. v. Fletcher, 97 Ga. App. 429, supra. Therefore, the Superior Court of Decatur County did not err in affirming the award of the State Board of Workmen’s Compensation.

Judgment affirmed.

Hall and Bussell, JJ., concur.

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Related

Fletcher v. Aetna Casualty & Surety Co.
96 S.E.2d 650 (Court of Appeals of Georgia, 1957)
Travelers Insurance v. Hammond
83 S.E.2d 576 (Court of Appeals of Georgia, 1954)
St. Paul-Mercury Indemnity Co. v. Fletcher
103 S.E.2d 438 (Court of Appeals of Georgia, 1958)
Fleming v. Fidelity & Cas. Co. of NY
79 S.E.2d 407 (Court of Appeals of Georgia, 1953)
General Motors Corp. v. Craig
85 S.E.2d 441 (Court of Appeals of Georgia, 1954)
Phinese v. Ocean Accident & Guaranty Corp.
58 S.E.2d 921 (Court of Appeals of Georgia, 1950)
Pepperell Manufacturing Co. v. Mathis
88 S.E.2d 201 (Court of Appeals of Georgia, 1955)
Harper v. National Traffic Guard Company
36 S.E.2d 842 (Court of Appeals of Georgia, 1946)
Bituminous Casualty Cor. v. Wilbanks
23 S.E.2d 519 (Court of Appeals of Georgia, 1942)
Kell v. Bridges
55 S.E.2d 309 (Court of Appeals of Georgia, 1949)
Bituminous Casualty Corp. v. Wilbanks
68 Ga. App. 631 (Court of Appeals of Georgia, 1942)

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Bluebook (online)
137 S.E.2d 558, 109 Ga. App. 823, 1964 Ga. App. LEXIS 1009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidated-underwriters-v-boyd-gactapp-1964.