Crystal Springs Bleachery v. Roach

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

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.