Georgia Forestry Commission v. Wilson

Court of Appeals of Georgia

Georgia Forestry Commission v. Wilson

168 S.E.2d 790, 119 Ga. App. 795, 1969 Ga. App. LEXIS 1253

CourtCourt of Appeals of Georgia

DecidedJune 13, 1969

Docket44509

StatusPublished

This text of 168 S.E.2d 790 (Georgia Forestry Commission v. Wilson) 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

Georgia Forestry Commission v. Wilson, 168 S.E.2d 790, 119 Ga. App. 795, 1969 Ga. App. LEXIS 1253 (Ga. Ct. App. 1969).

Pincite

Opinion

Eberhardt, Judge.

1. Consideration of the appearance and physical condition of claimant at the hearing before a single director was not erroneous. Abbercrombie v. Maryland Cas. Co., 41 Ga. App. 729 (154 SE 459); Liberty Mut. Ins. Co. v. Holloway, 58 Ga. App. 542 (199 SE 334); Ingram v. Liberty Mut. Ins. Co., 62 Ga. App. 789, 801 (10 SE2d 99); Bitumi[796]*796nous Cas. Corp. v. Wilbanks, 68 Ga. App. 631, 636 (23 SE2d 519); Davis v. Bibb Mfg. Co., 75 Ga. App. 515, 520 (43 SE2d 780); American Cas. Co. v. Herron, 100 Ga. App. 661 (112 SE2d 160); Reliance Ins. Co. v. Oliver, 117 Ga. App. 466, 469 (160 SE2d 615).

Submitted May 29, 1969 Decided June 13, 1969. Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Alfred L. Evans, Jr., Don L. Hartman, Assistant Attorneys General, for appellant. Mitchell & Mitchell, Warren N. Coppedge, Jr., for appellee.

2. Aside from any consideration of what the single director may have observed at the hearing before him, and what he may have included in his findings based thereon, there is evidence in the record to support the findings and award. Consequently, although the full board adopted the findings and award of the single director as its own, under the “any evidence” rule affirmance of the award on appeal to the superior court was proper.

Judgment affirmed.

Bell, P. J., and Deen, J., concur.

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

Eberhardt, Judge.

1. Consideration of the appearance and physical condition of claimant at the hearing before a single director was not erroneous. Abbercrombie v. Maryland Cas. Co., 41 Ga. App. 729 (154 SE 459); Liberty Mut. Ins. Co. v. Holloway, 58 Ga. App. 542 (199 SE 334); Ingram v. Liberty Mut. Ins. Co., 62 Ga. App. 789, 801 (10 SE2d 99); Bitumi[796]*796nous Cas. Corp. v. Wilbanks, 68 Ga. App. 631, 636 (23 SE2d 519); Davis v. Bibb Mfg. Co., 75 Ga. App. 515, 520 (43 SE2d 780); American Cas. Co. v. Herron, 100 Ga. App. 661 (112 SE2d 160); Reliance Ins. Co. v. Oliver, 117 Ga. App. 466, 469 (160 SE2d 615).

Submitted May 29, 1969 Decided June 13, 1969. Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Alfred L. Evans, Jr., Don L. Hartman, Assistant Attorneys General, for appellant. Mitchell & Mitchell, Warren N. Coppedge, Jr., for appellee.

2. Aside from any consideration of what the single director may have observed at the hearing before him, and what he may have included in his findings based thereon, there is evidence in the record to support the findings and award. Consequently, although the full board adopted the findings and award of the single director as its own, under the “any evidence” rule affirmance of the award on appeal to the superior court was proper.

Judgment affirmed.

Bell, P. J., and Deen, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

168 S.E.2d 790, 119 Ga. App. 795, 1969 Ga. App. LEXIS 1253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-forestry-commission-v-wilson-gactapp-1969.

Opinion

Related

Cite This Page — Counsel Stack