Maryland Casualty Co. v. Johnson

191 S.E.2d 90, 126 Ga. App. 468, 1972 Ga. App. LEXIS 1184

• Court: Court of Appeals of Georgia
• Decided: June 14, 1972
• Docket: 47131
• Status: Published

Opinions

Hall, Presiding Judge.

The employer and insurer appeal from the judgment of the superior court affirming an award of the State Board of Workmen’s Compensation.

Following the injury, an agreement was made and approved by the board compensating claimant for a broken arm. Over a year later, the claimant requested a hearing to determine disability. After a hearing, the deputy director entered an award assessing 10% disability to the right arm. Claimant appealed to the full board which set aside the award of the deputy director and found that claimant was totally disabled.

1. Appellants contend that the award of the full board, which is written as a recital of testimony, contains no findings of fact as required by Code § 114-707. The award, which contains only a selection from all the testimony, can be construed to be a statement of findings consistent with that testimony, thereby making the award valid. See Southeastern Express Co. v. Edmondson, 30 Ga. App. 697 (119 SE 39).

2. Appellants also contend that the board acted without authority in entering this award modifying a duly approved agreement as the hearing was not for review upon a change of condition. While Code Ann. § 114-709 authorizes review of an approved agreement only for change of condition, this court has held that the board may, on its own motion, enter an award stating that a change of condition has occurred, regardless of the stated purpose of the hearing. Fulton Cotton Mills v. Lashley, 123 Ga. App. 528 (182 SE2d 180).

Judgment affirmed.

Bell, C. J., Eberhardt, P. J., Deen, Quillian, Clark and Stolz, JJ., concur. Evans, J., concurs in the judgment. Pannell, J., dissents. Charles L. Drew, for appellants. Peyton S. Hawes, Jr., for appellee.