Allstate Ins. Co. v. Prance, 48877
| Decision Date | 31 January 1974 |
| Docket Number | No. 1,No. 48877,48877,1 |
| Citation | 130 Ga.App. 735,202 S.E.2d 832 |
| Parties | ALLSTATE INSURANCE COMPANY et al. v. William PRANCE |
| Court | Georgia Court of Appeals |
Syllabus by the Court
The evidence was sufficient to support a finding that the appellee was entitled to workmen's compensation benefits for partial disability.
The facts as stated in the appellants' brief and accepted by the appellee are in substance:
'This matter came on for a hearing before the Board on September 7, 1972, based on the appellants' application for a determination of a change in condition. At the hearing the appellee dismissed his application for a change in condition, and the case proceeded on the appellants' application. At the time of the hearing, there was an outstanding agreement approved by the Board on April 19, 1972 which established that the appellee had sustained an accident and injury arising out of and in the course of his employment on January 14, 1972 and that compensation was to be paid under the provisions of Code Ann. § 114-404.
'The evidence at the hearing established that the appellee had returned to his job as a glass fabricator with his employer on April 27, 1972 at his regular rate of pay, and worked until July 6, 1972. On that date his coordinator (supervisor), Mr. Buck Mayes, laid him off for unsatisfactory work. The claimant had been given light work consistent with his ability. The claimant testified clearly that he was physically able to do the work.
'The medical evidence in this case showed that Dr. Cohen, the treating physician, testified that when he last saw the claimant on August 14, 1972, '. . . he was dramatically improved . . .' and could do work that did not involve heavy lifting, and that he improved slightly between May 18 and August 4, 1972.
'On September 7, 1972, the date of the hearing before the Deputy Director, the Deputy Director issued his interlocutory order authorizing the appellants to suspend compensation payments as of that date.
'On October 12, 1972 the Deputy Director issued his findings of fact and award and found that Mr. Prance had returned to work on or about April 27, 1972 for the same employer and that he was earning as much in wages as he was at the time of the injury. He also found that the claimant was given light work and that he was physically able to do the job. The Deputy Director further found that the claimant was dismissed from his employment because of unsatisfactory performance of his job and not due to any physical inability to perform the duties of his employment.
'The Deputy Director found as a matter of fact that the claimant sustained a change in condition (to no disability) as of the date that he returned to work on or about April 27 and that he was no longer entitled to compensation payments for total disability as of that date. However, he also found that the claimant sustained another change in condition on July 6, 1972 when he was dismissed from his employment.
'Although the Deputy Director found that the claimant was physically able to do the work, that he was given light work consistent with his physical condition and that he was discharged from his job for improper performance of his job rather than any physical inability to do the job and that the doctor testified that Mr. Prance was physically able to do light work, the Deputy Director held that 'The claimant would be entitled to compensation for permanent partial disability as provided in Code Ann. § 114-405 as the undisputed evidence shows as a matter of fact that the claimant has not had any remunerative employment since his discharge by Tuxedo Glass and Mirror Company on that date (July 7, 1972) and that he is...
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...142 Ga.App. 233, 235 S.E.2d 659; Insurance Company of North America v. Nix, 141 Ga.App. 342, 233 S.E.2d 468; Allstate Insurance Company v. Prance, 130 Ga.App. 735(1), 202 S.E.2d 832. Judgment QUILLIAN, P. J., and WEBB, J., concur. ...
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