Aetna Cas. & Sur. Co. v. Williams

• Decision Date: 12 April 1968
• Docket Number: No. 43583,No. 3,43583,3
• Citation: 117 Ga.App. 713,161 S.E.2d 396
• Court: Georgia Court of Appeals
• Parties: AETNA CASUALTY & SURETY COMPANY et al. v. Ethel M. WILLIAMS

Page 396

161 S.E.2d 396

117 Ga.App. 713

AETNA CASUALTY & SURETY COMPANY et al. v. Ethel M. WILLIAMS.

No. 43583.

Court of Appeals of Georgia, Division No. 3.

April 12, 1968.

Rehearing Denied April 29, 1968.

Powell, Goldstein, Frazer & Murphy, Warner R. Wilson, Jr., Atlanta, for appellants.

David H. Fink, Atlanta, for appellee.

Syllabus Opinion by the Court

PANNELL, Judge.

Where, in a hearing before the Board of Workmen's Compensation, there is testimony that an employee's heart attack, resulting in his death, was probably caused by or contributed to by an automobile accident, which arose out of and in the course of the employment, and which in the medical witness's opinion did contribute to the heart attack, the first symptoms of which occurred approximately 12 hours later, and the definite heart attack approximately 17 hours later, such testimony, although contradicted by other medical testimony, was sufficient to authorize the director and the full board to award compensation to the widow claimant. United States Casualty Co. v. Smith, 162 Ga. 130, 137, 133 S.E. 851; Callaway Mills Co. v. Yates, 106 Ga.App. 9, 126 S.E.2d 305; Duchess Chenilles, Inc. v. Goswick, 116 Ga.App. 384, 157 S.E.2d 304; Burson v. Howell, 112 Ga.App. 675, 145 S.E.2d 718; J. D. Jewell, Inc. v. Pet Milk, 116 Ga.App. 405, 157 S.E.2d 806; Lumbermen's Mutual Casualty Co. v. Bridges, 81 Ga.App. 395, 58 S.E.2d 849; Carter v. Georgia Power Co., 107 Ga.App. 380, 130 S.E.2d 156; Aetna Cas. & Surety v. Pulliam, 99 Ga.App. 406, 108 S.E.2d 823; hartford Accident & Indemnity Co. v. Waters, 87 Ga.App. 117, 73 S.E.2d 70. Accordingly, the judge of the superior court did not err in refusing to reverse the award on appeal to that court.

Judgment affirmed.

JORDAN, P.J., and DEEN, J., concur.