Wilson v. Swift & Co.
| Decision Date | 04 November 1942 |
| Docket Number | 29754. |
| Citation | 23 S.E.2d 261,68 Ga.App. 701 |
| Court | Georgia Court of Appeals |
| Parties | WILSON v. SWIFT & CO. |
Rehearing Denied Dec. 19, 1942.
Syllabus by the Court.
Frank S. Twitty, of Camilla, for plaintiff in error.
Hoyt H. Whelchel, of Moultrie, for defendant in error.
This is a workmen's compensation case. The claimant Wilson was awarded compensation against Swift & Company for an injury which arose out of and in the course of his employment. After paying the compensation for a period of time, Swift & Company filed an application with the Industrial Board to stop the payment of the compensation to the claimant on account of a change in his condition. A hearing was ordered. At the hearing before the director evidence was introduced. The lay testimony, which was offered by the claimant, tended to show that there had been no change in condition, but that the claimant was still totally incapacitated. The medical testimony, offered by the employer, tended to show that any incapacity suffered by the claimant was not due to his employment, and that he was not totally incapacitated. It appeared from the testimony of the doctors who testified that they had not seen the claimant either prior to or at the original hearing at which compensation was awarded, but that the first time they had seen him was just prior to the hearing on a change in condition. The hearing director found that there had been no change in condition, and in his award said: ***" The employer appealed to the superior court, who reversed the award of the Industrial Board, and in his order of reversal said: ...
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London Guarantee & Acc. Co. v. Bernstein
... ... Our attention is called to the ... case of Williams v. American Mutual Liability Insurance ... Co., 72 Ga.App. 205, 33 S.E.2d 451; Wilson v. Swift ... & Co., 68 Ga.App. 701, 23 S.E.2d 261; American Mutual ... Liability Insurance Co. v. Curry, 187 Ga. 342, 200 S.E ... 150. We have ... ...
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...on an erroneous legal theory.' Miller v. Travelers Ins. Co., 111 Ga.App. 245, 248, 141 S.E.2d 223, 226. See also: Wilson v. Swift & Co., 68 Ga.App. 701, 23 S.E.2d 261; Borden Co. v. Dollar, 96 Ga.App. 489, 490, 100 S.E.2d 607; Liberty Mut. Ins. Co. v. Simpson, 101 Ga.App. 480(1), 114 S.E.2d......
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...attention is called to the case of Williams v. American Mutual Liability Insurance Co, 72 Ga.App. 205, 33 S.E.2d 451; Wilson v. Swift & Co, 68 Ga.App. 701, 23 S.E.2d 261; American Mutual Liability Insurance Co. v. Curry, 187 Ga. 342, 200 S.E. 150. We have read these cases carefully in the l......
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Barbree v. Shelby Mut. Ins. Co., 39158
...v. Simpson, 101 Ga.App. 480, 114 S.E.2d 141; Baker v. Liberty Mutual Ins. Co., 103 Ga.App. 100, 101, 118 S.E.2d 386; Wilson v. Swift & Co., 68 Ga.App. 701, 23 S.E.2d 261. The award of the single director in this case, which was adopted by the full board on appeal, appears to have been based......