Austin v. General Accident Fire & Life Assur. Corporation

• Decision Date: 30 September 1937
• Docket Number: 26343.
• Citation: 193 S.E. 86,56 Ga.App. 481
• Parties: AUSTIN v. GENERAL ACCIDENT, etc., CORPORATION et al.
• Court: Georgia Court of Appeals

193 S.E. 86

56 Ga.App. 481

AUSTIN v. GENERAL ACCIDENT, etc., CORPORATION et al.

No. 26343.

Court of Appeals of Georgia, First Division

September 30, 1937

Syllabus by Editorial Staff.

On review of award of single director, full board of Industrial Relations Department acts as fact-finding body and may reverse award of single director, although there be some evidence to support his findings (Code 1933, § 114-708).

In reviewing award by full board of Industrial Relations Department denying compensation, Court of Appeals must accept evidence most favorable to employer and if, so viewed, such evidence authorizes denial of compensation, award must be affirmed (Code 1933, § 114-101 et seq.).

Evidence that elevator operator was injured during rest period, when she was free to do whatever she pleased, in attempting to obtain ice for cold drink out of ice crusher in employer's basement, warranted denial of compensation on ground that injury did not "arise out of employment" (Code 1933, § 114-101 et seq.).

Error from Superior Court, Fulton County; E. D. Thomas, Judge.

Proceeding under the Workmen's Compensation Act by Ethel Austin claimant, opposed by the Henry Grady Hotel Company, employer and the General Accident, etc., Corporation, insurer. To review a judgment affirming an award of the full board of the Department of Industrial Relations reversing an award of the sole director in favor of claimant and denying compensation claimant brings error.

Affirmed.

Samuel L. Eplan, of Atlanta, for plaintiff in error.

John M. Slaton and James J. Slaton, both of Atlanta, for defendants in error.

Syllabus OPINION.

GUERRY Judge.

Upon review by the full board of the Department of Industrial Relations, the award of the sole director, in favor of the claimant for compensation under the Workmen's Compensation Act, was reversed and compensation denied. This award was affirmed by the judge of the superior court on appeal. On a review of the award of a single director the full board acts as a fact-finding body, and may reverse the award of the single director although there be some evidence to support his findings. Code, § 114-708. This court, in reviewing an award by the full board denying compensation must accept that evidence most favorable to the employer; and if, so viewed, it authorizes an award denying compensation under the provisions of the Workmen's Compensation Act (section 114-101 et seq.), it must be affirmed. So viewing the evidence in the present case, it disclosed that the claimant at the time of her injury was employed by the Henry Grady Hotel Company as an elevator operator. She had no other duties. She was allowed at least one 15-minute rest period every day and some days two, according to the number of hours she worked, and during...