Department of Public Safety v. Rodgers

Court of Appeals of Georgia

Department of Public Safety v. Rodgers

255 S.E.2d 139, 149 Ga. App. 683, 1979 Ga. App. LEXIS 1984

CourtCourt of Appeals of Georgia

DecidedApril 19, 1979

Docket57551, 57552

StatusPublished

Cited by4 cases

This text of 255 S.E.2d 139 (Department of Public Safety v. Rodgers) 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

Department of Public Safety v. Rodgers, 255 S.E.2d 139, 149 Ga. App. 683, 1979 Ga. App. LEXIS 1984 (Ga. Ct. App. 1979).

Pincite

Opinion

Carley, Judge.

In these two workers’ compensation cases, involving separate injuries and awards to the same claimant, the appellant protests the sufficiency of the evidence to support the awards of the board and affirmation of the superior court. In No. 57552 it is also asserted that the requisite notice was not given. After reviewing the record, we affirm. Even though the evidence is conflicting, or not altogether complete and satisfactory, an award must be affirmed if there is any evidence to support it. Rucker v. Universal Memorial Co., 145 Ga. App. 724, 725 (244 SE2d 584) (1978); White v. DeKalb County Bd. of Ed., 147 Ga. App. 29 (248 SE2d 60) (1978).

Claimant has moved, pursuant to Code Ann. § 6-1801, for imposition of 10% damages on the judgment based upon claimant’s assertion that these appeals were taken for delay only. As above observed, the evidence was in conflict. Furthermore, the superior court, in denying claimant’s motion for attorney fees, determined that the appeal to that court was properly taken. It follows that the claimant’s motions for award of damages must be denied *684 since such damages are not awarded in doubtful cases. First American Acceptance Corp. v. Wheat, 217 Ga. 1, 3 (2) (120 SE2d 330) (1961); Hartford Accident &c. Co. v. Mauldin, 147 Ga. App. 230, 231 (2) (248 SE2d 528) (1978).

Submitted April 9,1979 — Decided April 19, 1979. Arthur K. Bolton, Attorney General, G. Thomas Davis, Gary R. Hurst, for appellants. Richard R. Kirby, for appellee.

Judgment affirmed.

Banke, P.J., and Underwood, J., concur.

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

Carley, Judge.

In these two workers’ compensation cases, involving separate injuries and awards to the same claimant, the appellant protests the sufficiency of the evidence to support the awards of the board and affirmation of the superior court. In No. 57552 it is also asserted that the requisite notice was not given. After reviewing the record, we affirm. Even though the evidence is conflicting, or not altogether complete and satisfactory, an award must be affirmed if there is any evidence to support it. Rucker v. Universal Memorial Co., 145 Ga. App. 724, 725 (244 SE2d 584) (1978); White v. DeKalb County Bd. of Ed., 147 Ga. App. 29 (248 SE2d 60) (1978).

Claimant has moved, pursuant to Code Ann. § 6-1801, for imposition of 10% damages on the judgment based upon claimant’s assertion that these appeals were taken for delay only. As above observed, the evidence was in conflict. Furthermore, the superior court, in denying claimant’s motion for attorney fees, determined that the appeal to that court was properly taken. It follows that the claimant’s motions for award of damages must be denied *684 since such damages are not awarded in doubtful cases. First American Acceptance Corp. v. Wheat, 217 Ga. 1, 3 (2) (120 SE2d 330) (1961); Hartford Accident &c. Co. v. Mauldin, 147 Ga. App. 230, 231 (2) (248 SE2d 528) (1978).

Submitted April 9,1979 — Decided April 19, 1979. Arthur K. Bolton, Attorney General, G. Thomas Davis, Gary R. Hurst, for appellants. Richard R. Kirby, for appellee.

Judgment affirmed.

Banke, P.J., and Underwood, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

255 S.E.2d 139, 149 Ga. App. 683, 1979 Ga. App. LEXIS 1984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-public-safety-v-rodgers-gactapp-1979.

Opinion

Related

Cite This Page — Counsel Stack