Aetna Ins. Co. v. Gipson, 38862
| Decision Date | 26 June 1961 |
| Docket Number | No. 2,No. 38862,38862,2 |
| Parties | AETNA INSURANCE COMPANY et al. v. V. H. GIPSON |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
The finding and award of the State Board of Workmen's Compensation in favor of the claimant being authorized by competent evidence, and there being no errors of law which require a reversal of this case, the superior court did not err in affirming the award.
This is a workmen's compensation case based upon an alleged change of condition. The hearing director found for the claimant and authorized and directed the employer and insurer to pay the claimant $30 per week for 400 weeks on the basis of a finding of temporary total disability. This award was appealed to the Superior Court of Clarke County and affirmed, which is the judgment here assigned as error.
The record discloses without dispute that the claimant suffered an accidental injury which arose out of and in the course of his employment on September 9, 1957, at which time he injured his back. He was treated for this injury by Dr. James A. Green who diagnosed the injury as an acute back strain. He entered into an agreement at that time with his employer, Sever-Up Bottling Co., and the insurer, Hartford Accident & Indemnity Co. Said agreement is dated September 22, 1957, and was approved by the State Board of Workmen's Compensation on October 24, 1957. According to that agreement, which is part of the record in this case, the claimant was to be paid for said injury from and including September 16, 1957, until terminated in accordance with the workmen's compensation laws of the State of Georgia. A compensation settlement receipt was duly signed by the claimant showing that his temporary disability ceased on September 23, 1957. This receipt was received by the board on October 24, 1957. From September 23, 1957 until July 16, 1959, the claimant continued his work with no recurrence of his back trouble. The record discloses that approximately one year later the Seven-Up Bottling Co. became the Seven-Up Bottling Co. of Athens, Inc., a corporation which had been formed on August 23, 1958. It was the contention of counsel for the defendants that the Seven-Up Bottling Co. of Athens, Inc. was not a successor company but had purchased the physical assets of the Seven-Up Bottling Co. and was thus a new employer in respect to the claimant in this case and had not assumed the liabilities of the old company. There was no evidence adduced as to these facts, however, as they were held to be immaterial by the hearing director.
On July 16, 1959 while working for the Seven-Up Bottling Co. of Athens, Inc., whom we shall call the present employer (the defendant at the hearing below and the plaintiff in error in this case) the claimant again injured his back. He was treated for this injury by the same Dr. James A. Green who diagnosed the injury to be a slipped disc, and entered into agreement with the defendant to pay compensation. This agreement was received by the board on March 15, 1960, and approved by it on March 16, 1960. The claimant was paid compensation under said agreement and returned to work on August 2, 1959. A compensation settlement receipt was duly signed on August 3, 1959, and filed with the board on March 15, 1960. On June 2, 1960, the claimant resigned his employment with the present employer. The application for a hearing based on change of condition was filed shortly thereafter and said hearing was held on July 19, 1960.
The evidence adduced on the hearing showed without dispute that the claimant was suffering from a back injury which was diagnosed as a slipped disc by his doctor after the injury of July 16, 1959, and that at the time of the hearing the plaintiff was suffering from the same slipped disc. The evidence further authorized the finding that his condition was worsened since July, 1959, to an extent that he is now...
To continue reading
Request your trial
-
Associated Hosts of Georgia, Inc. v. Marley
...and "the parties [were] precluded from thereafter contradicting or challenging the matters thus agreed upon." Aetna Ins. Co. v. Gipson, 104 Ga.App. 108, 110, 121 S.E.2d 256 (1961); Haygood v. Home Transp. Co., 244 Ga. 165, 259 S.E.2d 429 (1979). However, an action in tort against the employ......
-
Mann v. Workman, 72711
...approved by the State Board of Workers' Compensation, and the agreement was res judicata after approval by the Board. Aetna Insurance Co. v. Gipson, 104 Ga.App. 108 (1961). Presently, Georgia operates under a direct payment, or notice system. After an injury is reported to the employer, the......
-
Beam v. Fleet Transport Co., Inc.
...etc. Co. v. Carroll, 75 Ga.App. 437, 444, 43 S.E.2d 722; Globe Indem. Co. v. Reid, 92 Ga.App. 828, 89 S.E.2d 905; Aetna Ins. Co. v. Gipson, 104 Ga.App. 108, 110, 121 S.E.2d 256. This enumeration of error has no 3. Enumeration of error no. 3 insists the trial court erred in granting summary ......
-
Haygood v. Home Transp. Co., Inc.
...and the parties are precluded from thereafter contradicting or challenging the matters thus agreed upon." Aetna Ins. Co. v. Gipson, 104 Ga.App. 108, 110, 121 S.E.2d 256, 257 (1961). Under the facts in this case, it cannot be said that the payment of benefits by Home Transportation Company t......