Trippe v. Lumbermen's Mutual Casualty Co.

Court of Appeals of Georgia

Trippe v. Lumbermen's Mutual Casualty Co.

114 S.E.2d 72, 101 Ga. App. 373, 1960 Ga. App. LEXIS 880

Court of Appeals of Georgia·Decided March 18, 1960·No. 38174·Published

Opinion

Townsend, Judge.

The claimant wife of the deceased employee in this workmen’s compensation case proved that her husband died of a heart attack while in the course of his employment at Kingston Mills, Inc.; that his duties commenced at 8 a.m.; that between 8 a.m. and 8:10 a.m. when he had the seizure, the employee was engaged in filling his oil cup from a gallon can preparatory to beginning his duties as an oiler. No other physical activity is shown, and both doctors who testified in the case gave it as their opinion that the exertion of the em[374] ployee had no causal connection with the attack. The claimant accordingly did not carry the burden of showing that the death arose out of, as well as in the course of, the employment. Carpenter v. Lockheed Aircraft Corp., 93 Ga. App. 213 (1, 4) (91 S. E. 2d 199).

Decided March 18, 1960 Rehearing denied March 31, 1960. John D. Edge, Hurold S. Deaton, for plaintiff in error. Warren Akin, contra.

The Judge of the Superior Court of Bartow County did not err in affirming the award of the hearing director which denied compensation.

Judgment affirmed.

Gardner, P. J., and Carlisle, J., concur.

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

Townsend, Judge.

The claimant wife of the deceased employee in this workmen’s compensation case proved that her husband died of a heart attack while in the course of his employment at Kingston Mills, Inc.; that his duties commenced at 8 a.m.; that between 8 a.m. and 8:10 a.m. when he had the seizure, the employee was engaged in filling his oil cup from a gallon can preparatory to beginning his duties as an oiler. No other physical activity is shown, and both doctors who testified in the case gave it as their opinion that the exertion of the em[374] ployee had no causal connection with the attack. The claimant accordingly did not carry the burden of showing that the death arose out of, as well as in the course of, the employment. Carpenter v. Lockheed Aircraft Corp., 93 Ga. App. 213 (1, 4) (91 S. E. 2d 199).

Decided March 18, 1960 Rehearing denied March 31, 1960. John D. Edge, Hurold S. Deaton, for plaintiff in error. Warren Akin, contra.

The Judge of the Superior Court of Bartow County did not err in affirming the award of the hearing director which denied compensation.

Judgment affirmed.

Gardner, P. J., and Carlisle, J., concur.

Trippe v. Lumbermen's Mutual Casualty Co., 114 S.E.2d 72, 101 Ga. App. 373, 1960 Ga. App. LEXIS 880 (Ga. Ct. App. 1960).

Pincite

114 S.E.2d 72 (Trippe v. Lumbermen's Mutual Casualty Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related