Pacific Employers Insurance v. Hall

Court of Appeals of Georgia

Pacific Employers Insurance v. Hall

69 S.E.2d 802, 85 Ga. App. 574, 1952 Ga. App. LEXIS 785

CourtCourt of Appeals of Georgia

DecidedMarch 8, 1952

Docket33951

StatusPublished

This text of 69 S.E.2d 802 (Pacific Employers Insurance v. Hall) 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

Pacific Employers Insurance v. Hall, 69 S.E.2d 802, 85 Ga. App. 574, 1952 Ga. App. LEXIS 785 (Ga. Ct. App. 1952).

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Opinion

Townsend, 'J.

(After stating the foregoing facts.) The decisions of this State are uniform that, where an appeal is based on the ground that there is not sufficient competent evidence in the record to warrant the directors in making the award complained of, this court will look to the record to see whether the award is supported by any competent evidence, and, when so supported, the order must be affirmed. Code, § 114-710; Sears, Roebuck & Co. v. Griggs, 48 Ga. App. 585 (5) (173 S. E. 194); Maryland Casualty Co. v. Brown, 48 Ga. App. 822 (1) (173 S. E. 925); Johnson v. American Mutual Liability Insurance Co., 50 Ga. App. 54 (176 S. E. 907). There is in this record competent opinion evidence which, if believed by the board, would authorize a finding that the injury complained of did not grow out of an accident of April, 1950, as contended by the claimant, and there is no evidence as to any other accident which acted as a precipitating cause of the disability. Consequently, the award denying compensation was based. on some competent evidence. This being so, the order of the full board, affirming the award of the [576]*576single director, was authorized, and it was error to reverse such award on the ground that a finding in favor of the claimant was demanded.

Judgment reversed.

Gardner, P. J., and Carlisle, J., concur.

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Townsend, 'J.

(After stating the foregoing facts.) The decisions of this State are uniform that, where an appeal is based on the ground that there is not sufficient competent evidence in the record to warrant the directors in making the award complained of, this court will look to the record to see whether the award is supported by any competent evidence, and, when so supported, the order must be affirmed. Code, § 114-710; Sears, Roebuck & Co. v. Griggs, 48 Ga. App. 585 (5) (173 S. E. 194); Maryland Casualty Co. v. Brown, 48 Ga. App. 822 (1) (173 S. E. 925); Johnson v. American Mutual Liability Insurance Co., 50 Ga. App. 54 (176 S. E. 907). There is in this record competent opinion evidence which, if believed by the board, would authorize a finding that the injury complained of did not grow out of an accident of April, 1950, as contended by the claimant, and there is no evidence as to any other accident which acted as a precipitating cause of the disability. Consequently, the award denying compensation was based. on some competent evidence. This being so, the order of the full board, affirming the award of the [576]*576single director, was authorized, and it was error to reverse such award on the ground that a finding in favor of the claimant was demanded.

Judgment reversed.

Gardner, P. J., and Carlisle, J., concur.

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69 S.E.2d 802, 85 Ga. App. 574, 1952 Ga. App. LEXIS 785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pacific-employers-insurance-v-hall-gactapp-1952.

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