West Point Pepperell v. Heard

Court of Appeals of Georgia

West Point Pepperell v. Heard

262 S.E.2d 572, 152 Ga. App. 276, 1979 Ga. App. LEXIS 2893

CourtCourt of Appeals of Georgia

DecidedNovember 13, 1979

Docket58639

StatusPublished

This text of 262 S.E.2d 572 (West Point Pepperell v. Heard) 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

West Point Pepperell v. Heard, 262 S.E.2d 572, 152 Ga. App. 276, 1979 Ga. App. LEXIS 2893 (Ga. Ct. App. 1979).

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Opinion

Deen, Chief Judge.

This is a pre July 1, 1979, workers’ compensation appeal. (As to cases decided by the superior court subsequent to that date, see Ga. L. 1979, p. 619 et seq.) The award in favor of the employee for disability resulting from back injury was affirmed in turn by the full board and by the judge of the superior court, and is affirmed by this court. Only question raised on appeal is the sufficiency of evidence to support the award.

The employee felt pain, which he reported, during an on-the-job incident while pushing a heavily loaded hand truck. Increasing severity of pain led eventually to a myelogram showing a disc protrusion at the L-4, 5 level, and to subsequent surgery and laminectomy during which a free spicule of disc fragment was discovered in the spinal column. There is medical testimony that the symptoms could have resulted from the work the claimant was doing, and testimony by the claimant uncontradicted that until this incident he had had no back trouble.

The appellant bases its resistance on the fact that after the original surgery there were continuing problems which led to the discovery and excision of a benign tumor of the thoracic spinal cord at a later date. This case differs from Queen v. Transport Ins. Co., 147 Ga. App. 746 (250 SE2d 195) (1978), a case involving the same two spinal defects, in that the presence of the tumor (not job related) was the only disability subjected to medical treatment in that case whereas here the spinal disc lesion was first operated on with some effect, and this followed by excision of the tumor. We affirm under the "any evidence” rule. Atkinson v. Home Indemnity Co., 141 Ga. App. 687 (234 SE2d 359) (1977); Travelers Ins. Co. v. Caldwell, 135 Ga. App. 640, 641 (218 SE2d 653) (1975).

Judgment affirmed.

Shulman and Carley, JJ., concur. E. Lamar Gammage, Jr., for appellee.

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Deen, Chief Judge.

This is a pre July 1, 1979, workers’ compensation appeal. (As to cases decided by the superior court subsequent to that date, see Ga. L. 1979, p. 619 et seq.) The award in favor of the employee for disability resulting from back injury was affirmed in turn by the full board and by the judge of the superior court, and is affirmed by this court. Only question raised on appeal is the sufficiency of evidence to support the award.

The employee felt pain, which he reported, during an on-the-job incident while pushing a heavily loaded hand truck. Increasing severity of pain led eventually to a myelogram showing a disc protrusion at the L-4, 5 level, and to subsequent surgery and laminectomy during which a free spicule of disc fragment was discovered in the spinal column. There is medical testimony that the symptoms could have resulted from the work the claimant was doing, and testimony by the claimant uncontradicted that until this incident he had had no back trouble.

The appellant bases its resistance on the fact that after the original surgery there were continuing problems which led to the discovery and excision of a benign tumor of the thoracic spinal cord at a later date. This case differs from Queen v. Transport Ins. Co., 147 Ga. App. 746 (250 SE2d 195) (1978), a case involving the same two spinal defects, in that the presence of the tumor (not job related) was the only disability subjected to medical treatment in that case whereas here the spinal disc lesion was first operated on with some effect, and this followed by excision of the tumor. We affirm under the "any evidence” rule. Atkinson v. Home Indemnity Co., 141 Ga. App. 687 (234 SE2d 359) (1977); Travelers Ins. Co. v. Caldwell, 135 Ga. App. 640, 641 (218 SE2d 653) (1975).

Judgment affirmed.

Shulman and Carley, JJ., concur. E. Lamar Gammage, Jr., for appellee.

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262 S.E.2d 572, 152 Ga. App. 276, 1979 Ga. App. LEXIS 2893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-point-pepperell-v-heard-gactapp-1979.

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