US CASUALTY COMPANY v. White

Court of Appeals of Georgia

US CASUALTY COMPANY v. White

141 S.E.2d 321, 111 Ga. App. 267, 1965 Ga. App. LEXIS 940

CourtCourt of Appeals of Georgia

DecidedMarch 4, 1965

Docket41035

StatusPublished

Cited by6 cases

This text of 141 S.E.2d 321 (US CASUALTY COMPANY v. White) 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.

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US CASUALTY COMPANY v. White, 141 S.E.2d 321, 111 Ga. App. 267, 1965 Ga. App. LEXIS 940 (Ga. Ct. App. 1965).

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Opinion

Pannell, Judge.

When this case was previously before this court on appeal from an award made to the widow claimant for compensation and for attorney’s fees for her attorney under Code Ann. § 114-712, it was held that the evidence demanded the award in favor of the widow claimant as to compensation, but the case was reversed on the ground there was no evidence as to the value of the services of the claimant’s attorney and the case was remanded for a hearing on the question of attorney’s fees. U. S. Cas. Co. v. White, 108 Ga. *268 App. 539 (133 SE2d 439). The evidence is essentially the same on the present appeal. The evidence demands the finding that the widow claimant was the lawful widow of the deceased employee and that the award of compensation made was proper. Under these circumstances, the board was authorized to find that the claim was defended without reasonable ground and assess reasonable attorney’s fees against the employer and the insurance carrier. The amount of the attorney’s fees awarded being authorized by the evidence, we affirm the judgment of the judge of the superior court in affirming the award of the Board of Workmen’s Compensation.

Decided March 4, 1965. Woodruff, Saveli, Lane & Williams, John M. Williams, for plaintiffs in error. George T. Bagby, J. B. Cullens, contra.

Judgment affirmed.

Nichols, P. J., and Eberhardt, J., concur.

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Pannell, Judge.

When this case was previously before this court on appeal from an award made to the widow claimant for compensation and for attorney’s fees for her attorney under Code Ann. § 114-712, it was held that the evidence demanded the award in favor of the widow claimant as to compensation, but the case was reversed on the ground there was no evidence as to the value of the services of the claimant’s attorney and the case was remanded for a hearing on the question of attorney’s fees. U. S. Cas. Co. v. White, 108 Ga. *268 App. 539 (133 SE2d 439). The evidence is essentially the same on the present appeal. The evidence demands the finding that the widow claimant was the lawful widow of the deceased employee and that the award of compensation made was proper. Under these circumstances, the board was authorized to find that the claim was defended without reasonable ground and assess reasonable attorney’s fees against the employer and the insurance carrier. The amount of the attorney’s fees awarded being authorized by the evidence, we affirm the judgment of the judge of the superior court in affirming the award of the Board of Workmen’s Compensation.

Decided March 4, 1965. Woodruff, Saveli, Lane & Williams, John M. Williams, for plaintiffs in error. George T. Bagby, J. B. Cullens, contra.

Judgment affirmed.

Nichols, P. J., and Eberhardt, J., concur.

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141 S.E.2d 321, 111 Ga. App. 267, 1965 Ga. App. LEXIS 940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-casualty-company-v-white-gactapp-1965.

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