Crystal Springs Bleachery v. Roach

Court of Appeals of Georgia

Crystal Springs Bleachery v. Roach

181 S.E.2d 79, 123 Ga. App. 364, 1971 Ga. App. LEXIS 1225

CourtCourt of Appeals of Georgia

DecidedJanuary 22, 1971

Docket45675

StatusPublished

Cited by8 cases

This text of 181 S.E.2d 79 (Crystal Springs Bleachery v. Roach) 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

Crystal Springs Bleachery v. Roach, 181 S.E.2d 79, 123 Ga. App. 364, 1971 Ga. App. LEXIS 1225 (Ga. Ct. App. 1971).

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Opinions

Pannell, Judge.

This is an appeal from a judgment of the superior court affirming an award of the State Board of Workmen’s Compensation. There are two enumerations of error, one on the ground "there is no evidence to support a finding that proper notice was given as required by the workmen’s compensation laws of the State of Georgia” and the other on the ground "there is not sufficient competent evidence in the record to support the award.” Held:

The evidence was sufficient in both particulars complained of and the judge of the superior court did not err in affirming the award of the Board of Workmen’s Compensation as against the attack made thereon. The cases of Complete Auto Transit, Inc. v. Reavis, 105 Ga. App. 364 (124 SE2d 491); Consolidated Underwriters v. Smith, 106 Ga. App. 167 (126 SE2d 465); Jackson v. U. S. Fidel. &c. Co., 119 Ga. App. 111 (166 SE2d 426) do not require a different conclusion here, as in neither of those cases was there evidence that the claimant, while on the job, notified his supervisor that he had hurt himself, and sought the supervisor’s aid in completing his work, as was true in the present case. This evidence authorized a finding that the employee notified the employer that he had suffered accidental injury arising out of and in the course of his employment.

Judgment affirmed.

Bell, C. J., Jordan, P. J., Been, Quillian, Whitman and Evans, JJ., concur. Hall, P. J., concurs specially. Eberhardt, J., dissents.

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Pannell, Judge.

This is an appeal from a judgment of the superior court affirming an award of the State Board of Workmen’s Compensation. There are two enumerations of error, one on the ground "there is no evidence to support a finding that proper notice was given as required by the workmen’s compensation laws of the State of Georgia” and the other on the ground "there is not sufficient competent evidence in the record to support the award.” Held:

The evidence was sufficient in both particulars complained of and the judge of the superior court did not err in affirming the award of the Board of Workmen’s Compensation as against the attack made thereon. The cases of Complete Auto Transit, Inc. v. Reavis, 105 Ga. App. 364 (124 SE2d 491); Consolidated Underwriters v. Smith, 106 Ga. App. 167 (126 SE2d 465); Jackson v. U. S. Fidel. &c. Co., 119 Ga. App. 111 (166 SE2d 426) do not require a different conclusion here, as in neither of those cases was there evidence that the claimant, while on the job, notified his supervisor that he had hurt himself, and sought the supervisor’s aid in completing his work, as was true in the present case. This evidence authorized a finding that the employee notified the employer that he had suffered accidental injury arising out of and in the course of his employment.

Judgment affirmed.

Bell, C. J., Jordan, P. J., Been, Quillian, Whitman and Evans, JJ., concur. Hall, P. J., concurs specially. Eberhardt, J., dissents.

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181 S.E.2d 79, 123 Ga. App. 364, 1971 Ga. App. LEXIS 1225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crystal-springs-bleachery-v-roach-gactapp-1971.

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