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

CourtCourt of Appeals of Georgia

DecidedMay 16, 1966

Docket41738

StatusPublished

Cited by4 cases

This text of 149 S.E.2d 404 (GULF AMERICAN FIRE & CASUALTY COMPANY v. Herndon) 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.

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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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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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