Employers Insurance v. Bond

Court of Appeals of Georgia

Employers Insurance v. Bond

244 S.E.2d 650, 145 Ga. App. 705, 1978 Ga. App. LEXIS 2094

CourtCourt of Appeals of Georgia

DecidedApril 20, 1978

Docket55221, 55222

StatusPublished

Cited by1 cases

This text of 244 S.E.2d 650 (Employers Insurance v. Bond) 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

Employers Insurance v. Bond, 244 S.E.2d 650, 145 Ga. App. 705, 1978 Ga. App. LEXIS 2094 (Ga. Ct. App. 1978).

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Opinion

Smith, Judge.

" 'Findings of fact on which the award in a workmen’s compensation case is based must be supported by testimony. Bituminous Cas. Corp. v. Chambers, 84 Ga. App. 295 (66 SE2d 196) [1952]. Therefore, a misstatement of significant testimony will be ground for referral back to the board of an award otherwise supported by evidence where it is possible that a proper understanding of the evidence might have caused the finder of fact to reach a different conclusion.’ Aetna Ins. Co. v. Jones, 125 Ga. App. 471 (188 SE2d 180) [1972].” Blankenship v. Atlantic Steel Co., 137 Ga. App. 282, 283 (223 SE2d 479) (1976).

For the above reason, the superior court correctly returned the case to the board of workmen’s compensation for further consideration, and the main appeal is therefore without merit. Also, the evidence did not demand a conclusion contrary to that reached by the board, so the superior court correctly refused to mandate such a conclusion on remand, and the cross appeal is [706]*706therefore without merit.

Ajrgued February 1, 1978 Decided April 20, 1978. Swift, Currie, McGhee & Hiers, Glover McGhee, for appellants. Scott Walters, Jr., for appellee.

Judgment affirmed.

Deen, P. J., and Banke, J., concur.

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Smith, Judge.

" 'Findings of fact on which the award in a workmen’s compensation case is based must be supported by testimony. Bituminous Cas. Corp. v. Chambers, 84 Ga. App. 295 (66 SE2d 196) [1952]. Therefore, a misstatement of significant testimony will be ground for referral back to the board of an award otherwise supported by evidence where it is possible that a proper understanding of the evidence might have caused the finder of fact to reach a different conclusion.’ Aetna Ins. Co. v. Jones, 125 Ga. App. 471 (188 SE2d 180) [1972].” Blankenship v. Atlantic Steel Co., 137 Ga. App. 282, 283 (223 SE2d 479) (1976).

For the above reason, the superior court correctly returned the case to the board of workmen’s compensation for further consideration, and the main appeal is therefore without merit. Also, the evidence did not demand a conclusion contrary to that reached by the board, so the superior court correctly refused to mandate such a conclusion on remand, and the cross appeal is [706]*706therefore without merit.

Ajrgued February 1, 1978 Decided April 20, 1978. Swift, Currie, McGhee & Hiers, Glover McGhee, for appellants. Scott Walters, Jr., for appellee.

Judgment affirmed.

Deen, P. J., and Banke, J., concur.

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244 S.E.2d 650, 145 Ga. App. 705, 1978 Ga. App. LEXIS 2094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/employers-insurance-v-bond-gactapp-1978.

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