Home/Court of Appeals of Georgia/Roberts v. Lockheed Aircraft Corp.

Roberts v. Lockheed Aircraft Corp.

92 S.E.2d 51, 93 Ga. App. 440, 1956 Ga. App. LEXIS 764
CourtCourt of Appeals of Georgia
DecidedFebruary 23, 1956
Docket35977
StatusPublished
Cited by13 cases

This text of 92 S.E.2d 51 (Roberts v. Lockheed Aircraft 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
Roberts v. Lockheed Aircraft Corp., 92 S.E.2d 51, 93 Ga. App. 440, 1956 Ga. App. LEXIS 764 (Ga. Ct. App. 1956).

Opinion

Nichols, J.

1. The contention of the employer and insurer is that the claimant’s present disability was not caused by the injury of July 29, 1954, to her coccyx for which compensation was paid through December 6, 1954. The fact that compensation was paid on the original injury does not preclude the employer and insurer from contending that the present disability did not stem from the original injury. Pepperell Manufacturing Co. v. Mathis, 92 Ga. App. 85 (88 S. E. 2d 201).

2. “The burden is on the claimant to prove that the injuries for which compensation is sought arose out of and in the course of the employment, before compensation can be legally awarded to the claimant.” Hughes v. Hartford Accident &c. Co., 76 Ga. App. 785 (1) (a) (47 S. E. 2d 143). See also Fulton Bag & Cotton Mills v. Haynie, 43 Ga. App. 579 (159 S. E. 781); Travelers Insurance Co. v. Faulkner, 63 Ga. App. 438 (11 S. E. 2d 367); and Ralph v. Great American Indemnity Co., 70 Ga. App. 115 (27 S. E. 2d 756).

There was no evidence adduced that the injury to the claimant’s sacrum which required her coccyx to be removed had any connection whatever with her present disability (thrombo-phlebitis). Her personal physician testified in substance that if she had received an injury to her leg at the time she received the injuiy to her back that it could have caused the thrombo-phlebitis. He did not testify that there was any connection between the injury, or the operation which resulted therefrom, and the thrombo-phlebitis. Nor was there any evidence that the claimant injured her leg at the time she fell and struck her sacrum. Accordingly, the *442 judge of the superior court did not err in affirming the award of the State Board of Workmen’s Compensation denying compensation to the claimant.

Judgment affirmed.

Quillian, J., concurs, and Felton, C. J., concurs in the judgment.

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

Related

Sanford v. University of Georgia Board of Regents
207 S.E.2d 255 (Court of Appeals of Georgia, 1974)
King v. Liberty Mutual Insurance
191 S.E.2d 346 (Court of Appeals of Georgia, 1972)
Continental Casualty Co. v. Donnell
145 S.E.2d 89 (Court of Appeals of Georgia, 1965)
McArthur v. Roadway Express, Inc.
135 S.E.2d 67 (Court of Appeals of Georgia, 1964)
Aetna Insurance Co. v. Gipson
121 S.E.2d 256 (Court of Appeals of Georgia, 1961)
Hartford Accident & Indemnity Co. v. Cox
115 S.E.2d 452 (Court of Appeals of Georgia, 1960)
Sears, Roebuck & Co. v. Wilson
215 Ga. 746 (Supreme Court of Georgia, 1960)
Sears, Roebuck & Company v. Wilson
113 S.E.2d 611 (Supreme Court of Georgia, 1960)
Fidelity & Casualty Co. of New York v. Scott
111 S.E.2d 223 (Supreme Court of Georgia, 1959)
Aetna Casualty & Surety Co. v. Green
111 S.E.2d 124 (Court of Appeals of Georgia, 1959)
Hall v. St. Paul-Mercury Indemnity Co.
101 S.E.2d 94 (Court of Appeals of Georgia, 1957)
Rivers v. Travelers Insurance
92 S.E.2d 818 (Court of Appeals of Georgia, 1956)

Cite This Page — Counsel Stack

Bluebook (online)
92 S.E.2d 51, 93 Ga. App. 440, 1956 Ga. App. LEXIS 764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-lockheed-aircraft-corp-gactapp-1956.