GULF AMERICAN FIRE & CASUALTY COMPANY v. Herndon

Court of Appeals of Georgia

GULF AMERICAN FIRE & CASUALTY COMPANY v. Herndon

149 S.E.2d 404, 113 Ga. App. 678, 1966 Ga. App. LEXIS 1174

Court of Appeals of Georgia·Decided May 16, 1966·No. 41738·Published·Cited by 4 cases

Opinions

Pannell, Judge.

1. The evidence was sufficient to authorize the finding by the State Board of Workmen’s Compensation that claimant was suffering a compensable partial incapacity for work, and was entitled to the grant of compensation under Code § 114-405, as amended by Ga. L. 1949, pp. 1357, 1358; Ga. L. 1955, pp. 210, 211; Ga. L. 1963, pp. 141, 146.

2. Assuming, but not deciding, that the State Board of Workmen's Compensation did not also make a finding of, and an award for, partial industrial handicap because of disability of a specific member under Code § 114-406, as amended by Ga. L. 1955, pp. 210, 212; Ga. L. 1958, p. 360; Ga. L. 1963, pp. 141, 147 (Hartford Accident Ac. Co. v. Brennan, 85 Ga. App. 163 (1) (68 SE2d 170)), this is not a matter of which the insurer can complain.

3. The award, properly construed, provides for credit for any weeks for which total disability was paid under the previous agreement and award.

Judgment affirmed.

Nichols, P. J., Bell, P. J., Frankmn, Jordan, Hall, Eberhardt and Deen, JJ., concur. Felton, C. J., dissents.

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Pannell, Judge.

1. The evidence was sufficient to authorize the finding by the State Board of Workmen’s Compensation that claimant was suffering a compensable partial incapacity for work, and was entitled to the grant of compensation under Code § 114-405, as amended by Ga. L. 1949, pp. 1357, 1358; Ga. L. 1955, pp. 210, 211; Ga. L. 1963, pp. 141, 146.

2. Assuming, but not deciding, that the State Board of Workmen's Compensation did not also make a finding of, and an award for, partial industrial handicap because of disability of a specific member under Code § 114-406, as amended by Ga. L. 1955, pp. 210, 212; Ga. L. 1958, p. 360; Ga. L. 1963, pp. 141, 147 (Hartford Accident Ac. Co. v. Brennan, 85 Ga. App. 163 (1) (68 SE2d 170)), this is not a matter of which the insurer can complain.

3. The award, properly construed, provides for credit for any weeks for which total disability was paid under the previous agreement and award.

Judgment affirmed.

Nichols, P. J., Bell, P. J., Frankmn, Jordan, Hall, Eberhardt and Deen, JJ., concur. Felton, C. J., dissents.

GULF AMERICAN FIRE & CASUALTY COMPANY v. Herndon, 149 S.E.2d 404, 113 Ga. App. 678, 1966 Ga. App. LEXIS 1174 (Ga. Ct. App. 1966).

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