Surmiak v. Standard Accident Insurance

Court of Appeals of Georgia

Surmiak v. Standard Accident Insurance

127 S.E.2d 334, 106 Ga. App. 479, 1962 Ga. App. LEXIS 736

CourtCourt of Appeals of Georgia

DecidedSeptember 5, 1962

Docket39587

StatusPublished

Cited by3 cases

This text of 127 S.E.2d 334 (Surmiak v. Standard Accident Insurance) 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

Surmiak v. Standard Accident Insurance, 127 S.E.2d 334, 106 Ga. App. 479, 1962 Ga. App. LEXIS 736 (Ga. Ct. App. 1962).

Pincite

Opinion

Felton, Chief Judge.

Where the claimant sustained an injury which resulted in a partial loss of the use of a leg for which she received compensation under an agreement, and where a deputy director, following a hearing under Code § 114-709 for change of condition, awarded her compensation under Code § 114-404, based upon his finding of total incapacity, and where the full board’s finding of 50% disability, with no superadded injury, disease or disability affecting other portions of claimant’s body, was supported by competent evidence, the full board did not err in making its award based upon Code Ann. § 114-406 (o) and the court below did not err in its judgment affirming the board’s award. See New Amsterdam Cas. Co. v. Brown, 81 Ga. App. 790 (1) (60 SE2d 245); National Surety Corp. v. Nelson, 99 Ga. App. 95 (1) (107 SE2d 718); National Surety Corp. v. Martin, 86 Ga. App. 77 (71 SE2d 666), and citations.

Judgment affirmed.

Bell and Hall, JJ., concur.

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Felton, Chief Judge.

Where the claimant sustained an injury which resulted in a partial loss of the use of a leg for which she received compensation under an agreement, and where a deputy director, following a hearing under Code § 114-709 for change of condition, awarded her compensation under Code § 114-404, based upon his finding of total incapacity, and where the full board’s finding of 50% disability, with no superadded injury, disease or disability affecting other portions of claimant’s body, was supported by competent evidence, the full board did not err in making its award based upon Code Ann. § 114-406 (o) and the court below did not err in its judgment affirming the board’s award. See New Amsterdam Cas. Co. v. Brown, 81 Ga. App. 790 (1) (60 SE2d 245); National Surety Corp. v. Nelson, 99 Ga. App. 95 (1) (107 SE2d 718); National Surety Corp. v. Martin, 86 Ga. App. 77 (71 SE2d 666), and citations.

Judgment affirmed.

Bell and Hall, JJ., concur.

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Bluebook (online)

127 S.E.2d 334, 106 Ga. App. 479, 1962 Ga. App. LEXIS 736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/surmiak-v-standard-accident-insurance-gactapp-1962.

Opinion

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