McWaters v. Employers Liability Assurance Corp.

Court of Appeals of Georgia

McWaters v. Employers Liability Assurance Corp.

37 S.E.2d 430, 73 Ga. App. 586, 1946 Ga. App. LEXIS 365

CourtCourt of Appeals of Georgia

DecidedFebruary 26, 1946

Docket31164.

StatusPublished

Cited by2 cases

This text of 37 S.E.2d 430 (McWaters v. Employers Liability Assurance Corp.) 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

McWaters v. Employers Liability Assurance Corp., 37 S.E.2d 430, 73 Ga. App. 586, 1946 Ga. App. LEXIS 365 (Ga. Ct. App. 1946).

Pincite

Opinion

*587 Felton, J.

The only evidence of any probative value whatever offered by the claimant was a death certificate, which stated in effect that the employee’s death was caused by a cerebral hemorrhage due to a fall, and that he was found unconscious at the De Soto Hotel in Savannah (where he worked). Such a statement in a death certificate is rebuttable. Code, § 88-1212; O’Kelley v. State, 63 Ga. App. 609 (11 S. E. 2d, 718). There is ample evidence in the record authorizing the finding that the statement was successfully rebutted and that the claimant failed to show death by accident arising out of and in the course of the employment. The director rendering the award was authorized to find that the physician who signed the certificate did not obtain the information from the deceased, and that he did not know from whom he obtained it; that the deceased fell on two very recent occasions when not in the course of his employment; that he fell in his rooming house the night before the morning on which he was found unconscious in his bedroom and was removed to a hospital where he died without regaining consciousness. There was no evidence that the employee’s death resulted from a fall at the hotel where he worked or from overwork. The superior court properly affirmed the award.

Judgment affirmed.

Sutton, P. J., and Parker, J., concur.

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

*587 Felton, J.

The only evidence of any probative value whatever offered by the claimant was a death certificate, which stated in effect that the employee’s death was caused by a cerebral hemorrhage due to a fall, and that he was found unconscious at the De Soto Hotel in Savannah (where he worked). Such a statement in a death certificate is rebuttable. Code, § 88-1212; O’Kelley v. State, 63 Ga. App. 609 (11 S. E. 2d, 718). There is ample evidence in the record authorizing the finding that the statement was successfully rebutted and that the claimant failed to show death by accident arising out of and in the course of the employment. The director rendering the award was authorized to find that the physician who signed the certificate did not obtain the information from the deceased, and that he did not know from whom he obtained it; that the deceased fell on two very recent occasions when not in the course of his employment; that he fell in his rooming house the night before the morning on which he was found unconscious in his bedroom and was removed to a hospital where he died without regaining consciousness. There was no evidence that the employee’s death resulted from a fall at the hotel where he worked or from overwork. The superior court properly affirmed the award.

Judgment affirmed.

Sutton, P. J., and Parker, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

37 S.E.2d 430, 73 Ga. App. 586, 1946 Ga. App. LEXIS 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcwaters-v-employers-liability-assurance-corp-gactapp-1946.

Opinion

Related

Cite This Page — Counsel Stack