Blair v. U.S. Fidelity & Guaranty Co.
| Decision Date | 05 January 1977 |
| Docket Number | No. 2,No. 52918,52918,2 |
| Citation | 232 S.E.2d 156,140 Ga.App. 880 |
| Parties | J. L. BLAIR v. UNITED STATES FIDELITY AND GUARANTY COMPANY |
| Court | Georgia Court of Appeals |
C. C. Perkins, Carrollton, for appellant.
Hopkins & Gresham, H. Lowell Hopkins, Atlanta, for appellee.
Appellant Blair brings this appeal from the judgment of the Superior Court of Carroll County reversing and remanding the award of a majority of the Full Board of Workmen's Compensation which found a change of condition in favor of Blair and granted him additional compensation. Held:
1. The administrative law judge in this case found that Blair had not carried his burden to show a change of condition which was job related or compensable. The board substituted its opinion finding that there was evidence showing a change of condition and evaluated that disability. We have made a careful review of the entire record and conclude that the findings of the board are supported by evidence in the record (though there is evidence which would have authorized a contrary finding, such as was made by the administrative law judge), and these findings support the award as made by the board. Where there was legal evidence in the record supporting the findings and award made by the board, the superior court was not authorized to remand the matter for further findings or award. Whitfield v. American Mut. Liab. Ins. Co., 44 Ga.App. 478, 162 S.E. 297; Travelers Ins. Co. v. Wofford, 81 Ga.App. 421(1), 58 S.E.2d 853; Womack v. U.S. Fidelity &c Co., 85 Ga.App. 564(2b), 69 S.E.2d 812; Butler v. Fidelity & Cas. Co., 88 Ga.App. 620(2), 76 S.E.2d 813.
2. There is a reason for remand, however, which justified the order. The award of medical expenses provided that the employer was directed to pay all accrued medical expenses which the employer and employee shall agree are reasonable and necessary to effect a cure or give relief.
There should have been an award of the specific items of medical expense incurred up to the time of the award, with a right of subsequent application, if these expenses were proved to have been necessary and reasonable for Blair's treatment. Code § 114-502 provides the standard to be applied by the board in awarding medical expenses. The duty of approving the items of medical expense is placed squarely upon the board by Code Ann. § 114-714.
An open-end award leaves the applying of standards and making the determination as to necessity and reasonableness to the...
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Aetna Cas. & Sur. Co. v. Davis
... ... Blair v. United States Fidelity & Guaranty Co., 140 Ga.App. 880(2), 232 S.E.2d ... 2d 365 (1984), decided this date in response to a question certified to us by the Eleventh Circuit Court of Appeals, we have held: "[T]he ... ...
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Mayor and Aldermen of City of Savannah v. George
...be further findings of allowable medical expenses in accordance with Code Ann. §§ 114-502 and 114-714). See also Blair v. U. S. F. & G. Co., 140 Ga.App. 880, 232 S.E.2d 156. Here, the full Board sanctioned the delay in the submission of the medical evidence. See Waters v. Travelers Ins. Co.......
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Fieldcrest Mills, Inc. v. Glass, 54074
...findings of allowable medical expenses in accordance with Code Ann. §§ 114-502 and 114-714, supra. Blair v. United States Fidelity, etc., Co., 140 Ga.App. 880, 881(2), 232 S.E.2d 156 (1977). Judgment affirmed in part, reversed in part, and remanded with DEEN, P. J., and WEBB, J., concur. ...