Aetna Cas. & Sur. Co. v. Pulliam, 37550
| Decision Date | 08 April 1959 |
| Docket Number | No. 37550,No. 1,37550,1 |
| Citation | 108 S.E.2d 823,99 Ga.App. 406 |
| Court | Georgia Court of Appeals |
| Parties | AETNA CASUALTY & SURETY COMPANY et al. v. Viola R. PULLIAM |
Syllabus by the Court.
1. Since the death certificate tendered in evidence was not completed in accordance with Code (Ann.) § 88-1116, that certificate is not prima facie evidence of the facts stated therein.
2. The evidence authorized the finding that the deceased either died from a cerebral hemorrhage or coronary occlusion (under the law and facts of this case, it does not matter which) and that such attack was precipitated by the deceased's exertion in the performance of his employment duties.
Mrs. Viola R. Pulliam filed a claim for workmen's compensation against Dan River Mills, Inc., and its carrier Aetna Casualty & Surety Company, contending that her husband's death was due to an accident arising out of and in the scope of his employment. The single director awarded compensation. On appeal to the full board that board also awarded compensation. The superior court on appeal affirmed the full board's award and the employer and carrier except.
Matthews, Maddox, Walton & Smith, John W. Maddox, Rome, for plaintiffs in error.
Gary Hamilton, Maddox & Maddox, James Maddox, Rome, for defendant in error.
1. The immediate cause of death was listed in the death certificate as 'coronary thrombosis presumably?'. This certificate was signed by a physician who was not an 'attending physician'. Therefore, the certificate was not completed in accordance with either Code (Ann.) § 88-1116 (2) pertaining to certificates where there was an attending physician or Code (Ann.) § 88-1116(3), which pertains to certificates where there is no attending physician; and since the certificate was not executed as prescribed by Code (Ann.) § 88-1116, the certificate is not prima facie evidence of the facts stated therein. Bituminous Casualty Corp. v. Elliott, 70 Ga.App. 325, 329, 330, 28 S.E.2d 392.
2. The evidence showed that from fifteen to twenty-five minutes prior to the time the deceased was found in a dying condition, he had walked down and back up a flight of twenty-eight steps. The testimony of Dr. Andrews was that in his opinion the deceased either died from a coronary occlusion or cerebral hemorrhage which could have been caused by the exertion in descending and ascending the stairs. It matters little whether the deceased died from cerebral hemorrhage or coronary...
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