Short v. Glendale Mills, Inc.

Court of Appeals of Georgia

Short v. Glendale Mills, Inc.

97 S.E.2d 541, 95 Ga. App. 238, 1957 Ga. App. LEXIS 765

CourtCourt of Appeals of Georgia

DecidedJanuary 8, 1957

Docket36344

StatusPublished

Cited by1 cases

This text of 97 S.E.2d 541 (Short v. Glendale Mills, Inc.) 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

Short v. Glendale Mills, Inc., 97 S.E.2d 541, 95 Ga. App. 238, 1957 Ga. App. LEXIS 765 (Ga. Ct. App. 1957).

Pincite

Opinion

Nichols, J.

Mrs. Ella Short filed a claim with the State Board of Workmen’s Compensation for compensation allegedly due her for an injury arising out of and in the course of her em[239]*239ployment with the Glendale Mills, Inc., on July 21, 1954. Liberty Mutual Insurance Company is the insurer. The single director found that the claimant had sustained a compensable injury and awarded compensation for a temporary total disability from July 28, 1954, until January 25, 1955, the date of the hearing. The claimant appealed to the full board where the award of the single director was upheld. The superior court, on appeal by the claimant, affirmed the award of the full board and it is to that judgment that the claimant now excepts. Held:

Decided January 8, 1957 Rehearing denied February 28, 1957. Richard D. Carr, Smith, Field, Doremus & Ringel, for plaintiff in error. Henry A. Stewart, Sr., contra.

The fact that the claimant sustained a compensable injury and was entitled to compensation for a temporary total disability until the date of the hearing is uncontested; therefore, the only question remaining in the case is whether there was any evidence to support the award of the full board that the claimant's disability which resulted from the compensable injury had ceased at the time of the hearing. There was no conflict in the medical evidence that the claimant is disabled to some extent as the result of thrombophlebitis, and one physician, Dr. F. W. Cooper, testified that the disability the claimant is now suffering from is due to a chronic case of thrombophlebitis which she has had for at least five years, and that the acute attack of thrombophlebitis, for which compensation was paid the claimant, had cleared up. Therefore, there was some evidence to support the award of the full board, and where there is any evidence to support the award of the full board such award cannot, in the absence of some error of law appearing, be reversed by the superior court or this court on appeal. See Pepperell Manufacturing Co. v. Mathis, 92 Ga. App. 85, 88 (88 S. E. 2d 201), and cases cited. Accordingly, the judgment of the superior court affirming the award of the full board was not error for any reason assigned.

Judgment affirmed.

Felton, C. J., and Quillian, J., concur.

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

Nichols, J.

Mrs. Ella Short filed a claim with the State Board of Workmen’s Compensation for compensation allegedly due her for an injury arising out of and in the course of her em[239]*239ployment with the Glendale Mills, Inc., on July 21, 1954. Liberty Mutual Insurance Company is the insurer. The single director found that the claimant had sustained a compensable injury and awarded compensation for a temporary total disability from July 28, 1954, until January 25, 1955, the date of the hearing. The claimant appealed to the full board where the award of the single director was upheld. The superior court, on appeal by the claimant, affirmed the award of the full board and it is to that judgment that the claimant now excepts. Held:

Decided January 8, 1957 Rehearing denied February 28, 1957. Richard D. Carr, Smith, Field, Doremus & Ringel, for plaintiff in error. Henry A. Stewart, Sr., contra.

The fact that the claimant sustained a compensable injury and was entitled to compensation for a temporary total disability until the date of the hearing is uncontested; therefore, the only question remaining in the case is whether there was any evidence to support the award of the full board that the claimant's disability which resulted from the compensable injury had ceased at the time of the hearing. There was no conflict in the medical evidence that the claimant is disabled to some extent as the result of thrombophlebitis, and one physician, Dr. F. W. Cooper, testified that the disability the claimant is now suffering from is due to a chronic case of thrombophlebitis which she has had for at least five years, and that the acute attack of thrombophlebitis, for which compensation was paid the claimant, had cleared up. Therefore, there was some evidence to support the award of the full board, and where there is any evidence to support the award of the full board such award cannot, in the absence of some error of law appearing, be reversed by the superior court or this court on appeal. See Pepperell Manufacturing Co. v. Mathis, 92 Ga. App. 85, 88 (88 S. E. 2d 201), and cases cited. Accordingly, the judgment of the superior court affirming the award of the full board was not error for any reason assigned.

Judgment affirmed.

Felton, C. J., and Quillian, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

97 S.E.2d 541, 95 Ga. App. 238, 1957 Ga. App. LEXIS 765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/short-v-glendale-mills-inc-gactapp-1957.

Opinion

Related

Cite This Page — Counsel Stack