Zurich American Insurance v. Sargent

250 S.E.2d 11, 147 Ga. App. 672, 1978 Ga. App. LEXIS 2890

Opinions

Quillian, Presiding Judge.

This is an appeal from a judgment of the superior court which affirmed an award of the State Board of Workers’ Compensation (changed from State Board of Workmen’s Compensation, Ga. L. 1978, pp. 2220, 2221, effective July 1, 1978). Held:

The claimant received an injury, drew compensation and then returned to work. Then due to the normal wear and tear of performing his ordinary duties he again became disabled. There was no specific job-related incident which would have constituted a new accident. Therefore, the claimant had undergone a change in condition and had not sustained a new injury. Central State Hospital v. James, 147 Ga. App. 308 (1978).

Judgment reversed.

Bell, C. J., Deen, P. J., Webb, Smith, Shulman, Banke and Birdsong, JJ., concur. McMurray, J., dissents. Argued September 5, 1978 Decided October 23, 1978. Smith, Cohen, Ringel, Kohler & Martin, Robert L. Kiser, for appellants. Little & Adams, John F. Schindelar, I. J. Parkerson, for appellees.