Hammock v. DAVIDSON GRANITE COMPANY

Court of Appeals of Georgia

Hammock v. DAVIDSON GRANITE COMPANY

131 S.E.2d 132, 107 Ga. App. 673, 1963 Ga. App. LEXIS 950

CourtCourt of Appeals of Georgia

DecidedApril 23, 1963

Docket40068

StatusPublished

Cited by3 cases

This text of 131 S.E.2d 132 (Hammock v. DAVIDSON GRANITE COMPANY) 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

Hammock v. DAVIDSON GRANITE COMPANY, 131 S.E.2d 132, 107 Ga. App. 673, 1963 Ga. App. LEXIS 950 (Ga. Ct. App. 1963).

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Opinion

Carlisle, Presiding Judge.

Where a claim- before the State Board of Workmen’s Compensation involves a question of whether the employee is disabled as the result of an occupational disease, the sole jurisdiction to decide this medical issue lies with the medical board and the only jurisdiction of the Board of Workmen’s Compensation is to enter an award in conformity therewith. Code Ann. § 114-810. The findings of the medical board are conclusive and not reviewable unless an appeal is made directly therefrom on statutory grounds. Code Ann. '§ 114-823 (5). No such error is assigned by the plaintiff in error in this case. Farrill v. Travelers Ins. Co., 105 Ga. App. 600 (125 SE2d 562). It follows that, although the evidence was in dispute, the award of the medical board was authorized by the evidence before it, and the -Board of Workmen’s Compensation committed no error in entering an award finding against the claimant. The Judge *674 of the Superior Court of DeKalb County, to whom this case was appealed, did not err in- affirming the award denying compensation.

Decided April 23, 1963. Herschel H. Hutchins, for plaintiff in error. Gambrell, Harlan, Russell, Maye & Richardson, James C. Hill, Edward W. Killorin, contra.

Judgment affirmed.

Bell and Hall, JJ., concur.

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Carlisle, Presiding Judge.

Where a claim- before the State Board of Workmen’s Compensation involves a question of whether the employee is disabled as the result of an occupational disease, the sole jurisdiction to decide this medical issue lies with the medical board and the only jurisdiction of the Board of Workmen’s Compensation is to enter an award in conformity therewith. Code Ann. § 114-810. The findings of the medical board are conclusive and not reviewable unless an appeal is made directly therefrom on statutory grounds. Code Ann. '§ 114-823 (5). No such error is assigned by the plaintiff in error in this case. Farrill v. Travelers Ins. Co., 105 Ga. App. 600 (125 SE2d 562). It follows that, although the evidence was in dispute, the award of the medical board was authorized by the evidence before it, and the -Board of Workmen’s Compensation committed no error in entering an award finding against the claimant. The Judge *674 of the Superior Court of DeKalb County, to whom this case was appealed, did not err in- affirming the award denying compensation.

Decided April 23, 1963. Herschel H. Hutchins, for plaintiff in error. Gambrell, Harlan, Russell, Maye & Richardson, James C. Hill, Edward W. Killorin, contra.

Judgment affirmed.

Bell and Hall, JJ., concur.

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Bluebook (online)

131 S.E.2d 132, 107 Ga. App. 673, 1963 Ga. App. LEXIS 950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammock-v-davidson-granite-company-gactapp-1963.

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