Perrien v. Southern Co-operative Foundry Co.

Court of Appeals of Georgia

Perrien v. Southern Co-operative Foundry Co.

3 S.E.2d 240, 60 Ga. App. 195, 1939 Ga. App. LEXIS 540

CourtCourt of Appeals of Georgia

DecidedJune 8, 1939

Docket27444

StatusPublished

Cited by1 cases

This text of 3 S.E.2d 240 (Perrien v. Southern Co-operative Foundry Co.) 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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Perrien v. Southern Co-operative Foundry Co., 3 S.E.2d 240, 60 Ga. App. 195, 1939 Ga. App. LEXIS 540 (Ga. Ct. App. 1939).

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Opinion

Guerry, J.

A claimant who is awarded compensation for a definite number of weeks because of an injury to his back sustained on March 23, and who later files claim because of a change in condition, can not complain of the award made denying further compensation, where it appears that the alleged change in condition is because of a hernia. In a claim because of' hernia it must appear (1) that there was an injury resulting in hernia; (2) that the hernia appeared suddenly; (3) that it was accompanied by pain; (4) that the hernia immediately followed the accident for which compensation is claimed; and (5) that no hernia existed before the accident. Code, § 114-412. The award of the commissioner denying compensation on the ground of a change in condition was amply supported by the evidence, and the judge did not err in sustaining said award.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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Guerry, J.

A claimant who is awarded compensation for a definite number of weeks because of an injury to his back sustained on March 23, and who later files claim because of a change in condition, can not complain of the award made denying further compensation, where it appears that the alleged change in condition is because of a hernia. In a claim because of' hernia it must appear (1) that there was an injury resulting in hernia; (2) that the hernia appeared suddenly; (3) that it was accompanied by pain; (4) that the hernia immediately followed the accident for which compensation is claimed; and (5) that no hernia existed before the accident. Code, § 114-412. The award of the commissioner denying compensation on the ground of a change in condition was amply supported by the evidence, and the judge did not err in sustaining said award.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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3 S.E.2d 240, 60 Ga. App. 195, 1939 Ga. App. LEXIS 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perrien-v-southern-co-operative-foundry-co-gactapp-1939.

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