Watkins v. Hartford Accident & Indemnity Co.

43 S.E.2d 549, 75 Ga. App. 462, 1947 Ga. App. LEXIS 560
Court of Appeals of Georgia·Decided July 16, 1947·No. 31603.·Published·Cited by 9 cases

Opinion

Gardner, J.

1. On July 12, 1945, the claimant filed an application for compensation with the State Board of Workmen’s Compensation for an injury caused by an accident arising out of and in the course of her employment. Many hearings were held on this application. The first one was on July 27, 1945, and the last on December 3, 1946.

The record in this case is unusually voluminous, containing over 260 pages. The evidence taken at the hearings consumes the larger portion of the record. The briefs of counsel are lengthy and in much detail relative to the respective contentions, as well as the law applicable thereto. We have studied the record and the briefs exhaustively and to the best of our ability. We see no good purpose that would be served by going into a detailed discussion of the evidence. The hearing director made the following award:

*463 •“Findings of Fact. . From-a preponderance of all the, evidence adduced at the hearings in this case, I find as a matter of fact that the claimant sustained an accidental injury July 15, 1944, which arose out of and in the course of her employment and which reT suited in a superficial burn of claimant’s chest. I further find as a matter of fact that the disability from which claimant suffered as a result of said accident completely cleared up within a period of seven days. I further find as a matter of fact that the condition from which claimant is suffering at the present time is not related in any way or manner, directly or indirectly, to the accident sustained by claimant July 15, 1944. There is ample evidence in the record to-support a finding of fact that claimant was suffering chronic colitis on July 15, 1944, and for some time prior thereto. Claimant contends that as a result of said accident she suffers nervousness, constipation, and headaches. According to claimant’s own admission, she was suffering from frequent headaches and constipation on December 3, 1943. On June 9, 1944, Dr. James Murray certified to claimant’s employer that claimant was nervous and the work she was doing at that time, namely, riveting, was.too trying on her nerves, and recommended a change of work for claimant. The burden rested with claimant to establish by competent evidence that the disability from which she is now suffering is the result of the accident sustained by her July 15, 1944, or at least that said accident aggravated her pre-existing condition. This burden claimant has failed to carry. On the other hand, the preponderance of the testimony definitely establishes the fact that the ailments now complained of by claimant existed prior to July 15, 1944, and were in no way attributable to said accident.
“Award. Wherefore, based upon the above and foregoing findings of fact, it is the award of the undersigned director that claimant’s claim for compensation be and the same is hereby denied: This the 29th day of July, 1946.”

This award was appealed to the full board, for review. Notice was given to the parties of the assignment for a hearing before the full board. At the date set for hearing the claimant petitioned the full board to take additional testimony of. Dr. Smith. The full board granted this request, and at the time named for taking the testimony of Dr. Smith, the employer asked leave to submit *464 additional testimony of Dr. Hutchins. Both requests were granted by the director. The additional testimony was taken and the record referred back to the full board. After notice of hearing to the parties, the full board passed the following order: “The above stated case came on for hearing before the full board November 25, 1946, upon application of claimant objecting to the award of Director Pat J. Riordan, dated July 29, 1946. After an exhaustive and painstaking review of the entire record in this case, the board is of the unanimous opinion that the award of Director Riordan, dated July 29, 1946, should be affirmed in its entirety, ample evidence being in the record to sustain the findings of fact contained in said award. “Award. Wherefore, it is the award of the full board that said award of Director Pat J. RioTdan . . be and the same is hereby affirmed.” The claimant thereafter duly appealed the case to the superior court. The judge of that court affirmed the award, stating that in his judgment the record contained abundant evidence which would have authorized an award in favor of the claimant, but that there was ample evidence in the record to sustain the award against her. It is on this-judgment that, error is assigned here. After considering the whole record, we are convinced that there is sufficient competent evidence to sustain the award of the hearing director and of the full board. This being so, this court is without authority to disturb the findings. Where there is any competent evidence to support an award, in the absence of fraud the superior court and this court are without authority to set it aside. The decisions to this effect are numerous. We will not cite them in detail, but one interested may examine the citations under the Code, § 114-710, and the supplement thereto, under the catchwords “Conclusiveness of finding” and ' “Evidence,” and also under § 114-708, and the supplement thereto, under the catchwords “Conclusiveness of findings.” It then necessarily follows that, insofar as the evidence goes, the superior court did not err in affirming the award for any of the reasons assigned.

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Watkins v. Hartford Accident & Indemnity Co., 43 S.E.2d 549, 75 Ga. App. 462, 1947 Ga. App. LEXIS 560 (Ga. Ct. App. 1947).

43 S.E.2d 549 (Watkins v. Hartford Accident & Indemnity Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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