Satellite Security Corp. v. Delay

Court of Appeals of Georgia

Satellite Security Corp. v. Delay

308 S.E.2d 1, 168 Ga. App. 14, 1983 Ga. App. LEXIS 2659

CourtCourt of Appeals of Georgia

DecidedSeptember 6, 1983

Docket66083

StatusPublished

This text of 308 S.E.2d 1 (Satellite Security Corp. v. Delay) 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

Satellite Security Corp. v. Delay, 308 S.E.2d 1, 168 Ga. App. 14, 1983 Ga. App. LEXIS 2659 (Ga. Ct. App. 1983).

Pincite

Opinion

'Shulman, Chief Judge.

This is an appeal by appellant/employer from a decision by the superior court remanding the case to the State Board of Workers’ Compensation after an award by the board in favor of appellant. The board had denied appellee’s request for change in condition. The superior court’s order merely specified that the case be “remanded to the [board] for further consideration and review.”

There is no more fundamental principle of appellate practice than that providing that an appellate court has no authority to overturn an award of the State Board of Workers’ Compensation if that award is supported by any evidence and is not contrary to law. See Howard Sheppard, Inc. v. McGowan, 137 Ga. App. 408 (224 SE2d 65). A superior court may not remand a case to the board for reconsideration merely because it disagrees with the board’s view of the evidence. See Haney v. Pacific Employers Ins. Co., 117 Ga. App. 221 (160 SE2d 211). There is ample evidence in the record supporting the findings of the board. The superior court clearly erred in setting aside the award and remanding the case for “further consideration and review.”

Judgment reversed.

McMurray, P. J., and Birdsong, J, concur. Douglas A. Bennett, for appellants. E. B. Shaw, for appellee.

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

'Shulman, Chief Judge.

This is an appeal by appellant/employer from a decision by the superior court remanding the case to the State Board of Workers’ Compensation after an award by the board in favor of appellant. The board had denied appellee’s request for change in condition. The superior court’s order merely specified that the case be “remanded to the [board] for further consideration and review.”

There is no more fundamental principle of appellate practice than that providing that an appellate court has no authority to overturn an award of the State Board of Workers’ Compensation if that award is supported by any evidence and is not contrary to law. See Howard Sheppard, Inc. v. McGowan, 137 Ga. App. 408 (224 SE2d 65). A superior court may not remand a case to the board for reconsideration merely because it disagrees with the board’s view of the evidence. See Haney v. Pacific Employers Ins. Co., 117 Ga. App. 221 (160 SE2d 211). There is ample evidence in the record supporting the findings of the board. The superior court clearly erred in setting aside the award and remanding the case for “further consideration and review.”

Judgment reversed.

McMurray, P. J., and Birdsong, J, concur. Douglas A. Bennett, for appellants. E. B. Shaw, for appellee.

Cite This Page — Counsel Stack

Bluebook (online)

308 S.E.2d 1, 168 Ga. App. 14, 1983 Ga. App. LEXIS 2659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/satellite-security-corp-v-delay-gactapp-1983.

Opinion

Related

Cite This Page — Counsel Stack