Ocean Accident & Guarantee Corp. v. Harris

Court of Appeals of Georgia

Ocean Accident & Guarantee Corp. v. Harris

74 S.E.2d 12, 87 Ga. App. 399, 1953 Ga. App. LEXIS 751

CourtCourt of Appeals of Georgia

DecidedJanuary 14, 1953

Docket34469

StatusPublished

Cited by2 cases

This text of 74 S.E.2d 12 (Ocean Accident & Guarantee Corp. v. Harris) 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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Ocean Accident & Guarantee Corp. v. Harris, 74 S.E.2d 12, 87 Ga. App. 399, 1953 Ga. App. LEXIS 751 (Ga. Ct. App. 1953).

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Opinion

Carlisle, J.

Where, in a proceeding for compensation under the Occupational Diseases Act of 1946 (Ga. L. 1946, p. 103 et seq.; Code, Ann. Supp., § 114-801 et seq.), it is established by the evidence that the claimant is totally disabled within the meaning of Code (Ann. Supp.) [400]*400§ 114-802 on account of an advanced stage of silicosis, but there is no evidence which authorizes a finding that the claimant had been injuriously exposed to the hazard of that disease subsequently to the effective date of the Occupational Diseases Act (April 30, 1946), an award granting compensation for disablement by silicosis is unauthorized, and the superior court in this case erred in affirming the award of the State Board of Workmen’s Compensation, which affirmed the award of the single director granting compensation. Code (Ann. Supp.), § 114-808; American Mutual Liability Ins. Co. v. Ellison, 80 Ga. App. 62 (55 S. E. 2d, 258).

Decided January 14, 1953. Marshall, Greene, Baird & Neely, Matthews, Maddox & Bell, for plaintiffs in error. Hicks & Culbert, contra.

Judgment reversed.

Gardner, P. J., and Townsend, J., concur.

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Carlisle, J.

Where, in a proceeding for compensation under the Occupational Diseases Act of 1946 (Ga. L. 1946, p. 103 et seq.; Code, Ann. Supp., § 114-801 et seq.), it is established by the evidence that the claimant is totally disabled within the meaning of Code (Ann. Supp.) [400]*400§ 114-802 on account of an advanced stage of silicosis, but there is no evidence which authorizes a finding that the claimant had been injuriously exposed to the hazard of that disease subsequently to the effective date of the Occupational Diseases Act (April 30, 1946), an award granting compensation for disablement by silicosis is unauthorized, and the superior court in this case erred in affirming the award of the State Board of Workmen’s Compensation, which affirmed the award of the single director granting compensation. Code (Ann. Supp.), § 114-808; American Mutual Liability Ins. Co. v. Ellison, 80 Ga. App. 62 (55 S. E. 2d, 258).

Decided January 14, 1953. Marshall, Greene, Baird & Neely, Matthews, Maddox & Bell, for plaintiffs in error. Hicks & Culbert, contra.

Judgment reversed.

Gardner, P. J., and Townsend, J., concur.

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74 S.E.2d 12, 87 Ga. App. 399, 1953 Ga. App. LEXIS 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ocean-accident-guarantee-corp-v-harris-gactapp-1953.

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