General Accident, Fire & Life Assurance Corp. v. Johnson

Court of Appeals of Georgia

General Accident, Fire & Life Assurance Corp. v. Johnson

63 S.E.2d 296, 83 Ga. App. 227, 1951 Ga. App. LEXIS 838

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1951

Docket33370

StatusPublished

This text of 63 S.E.2d 296 (General Accident, Fire & Life Assurance Corp. v. Johnson) 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

General Accident, Fire & Life Assurance Corp. v. Johnson, 63 S.E.2d 296, 83 Ga. App. 227, 1951 Ga. App. LEXIS 838 (Ga. Ct. App. 1951).

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Opinion

Eelton, J.

Where the evidence was undisputed that the claimant’s deceased husband could ring-in on the time-clock anytime between 7:55 a. m. and 8:10 a. m., that he was not required to begin his labors until 8:15 a. m., that employees changed into work clothes after they had rung-in, that the deceased was unauthorized to ring-in before 7:55 a. m., that he was found at 7:35 or 7:40 a. m. in his street clothes, in a portion of the employer’s premises not connected with his employment, in a dying condition due to a coronary occlusion, that at the time of such heart attack the deceased was not engaged in any activities either required by or necessary to his employment, a finding was demanded that the deceased’s death did not arise out of and in the course of his employment. This is not a case where a death occurs while an employee is in preparation to begin work'and such preparation is considered a part of the employment. This case comes within the principle announced in Finch v. Evins Amusement Co., 80 Ga. App. 457 (56 S. E. 2d, 489).

The court erred in affirming the award of the full board, reversing the award of the deputy director denying the claim.

Judgment reversed.

Sutton, C.J., and Worrill, J., concur.

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Eelton, J.

Where the evidence was undisputed that the claimant’s deceased husband could ring-in on the time-clock anytime between 7:55 a. m. and 8:10 a. m., that he was not required to begin his labors until 8:15 a. m., that employees changed into work clothes after they had rung-in, that the deceased was unauthorized to ring-in before 7:55 a. m., that he was found at 7:35 or 7:40 a. m. in his street clothes, in a portion of the employer’s premises not connected with his employment, in a dying condition due to a coronary occlusion, that at the time of such heart attack the deceased was not engaged in any activities either required by or necessary to his employment, a finding was demanded that the deceased’s death did not arise out of and in the course of his employment. This is not a case where a death occurs while an employee is in preparation to begin work'and such preparation is considered a part of the employment. This case comes within the principle announced in Finch v. Evins Amusement Co., 80 Ga. App. 457 (56 S. E. 2d, 489).

The court erred in affirming the award of the full board, reversing the award of the deputy director denying the claim.

Judgment reversed.

Sutton, C.J., and Worrill, J., concur.

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63 S.E.2d 296, 83 Ga. App. 227, 1951 Ga. App. LEXIS 838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-accident-fire-life-assurance-corp-v-johnson-gactapp-1951.

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