Borden Foods Co. v. Dorsey
| Decision Date | 03 December 1965 |
| Docket Number | No. 41559,No. 3,41559,3 |
| Citation | 112 Ga.App. 838,146 S.E.2d 532 |
| Parties | BORDEN FOODS COMPANY v. Eva Sue DORSEY |
| Court | Georgia Court of Appeals |
King & Spalding, William H. Izlar, Jr., Atlanta, for plaintiff in error.
Adair, Goldthwaite, Stanford, Daniel & Horn, T. Emory Daniel, Atlanta, for defendant in error.
Syllabus Opinion by the Court
1. Fortson v. American Surety Co., 92 Ga.App. 625(1), 89 S.E.2d 671.
2. Under the foregoing authority an award of the full board denying compensation, made upon review of the award of a single director granting compensation, must be affirmed by the superior court and by this court if there is any evidence to support it, provided the award is not based upon an erroneous legal theory which precluded the consideration by the board of testimony or evidence which, if it had been considered, would have authorized a contrary result. Fidelity & Cas. Co. v. Hodges, 108 Ga.App. 474, 475, 133 S.E.2d 406.
3. The Compensation Act requires that for an injury to be compensable it must not only occur in the course of the employment but must also arise out of the employment. Code § 114-102; Maryland Cas. Co. v. Peek, 36 Ga.App. 557, 137 S.E. 121; Hartford Acc. &c. Co. v. Cox, 61 Ga.App. 420, 421, 6 S.E.2d 189. An injury arises out of the employment when it is apparent to the rational mind that there was a causal connection between the employment and the injury. Indemnity Ins. Co. of North America v. Bolen, 106 Ga.App. 684(2a), 127 S.E.2d 832. It must appear that the injury resulted from something the employee was doing in the course of his work or from some peculiar danger to which the work exposed him. As was said in Hartford Acc. &c. Co. v. Cox, 61 Ga.App. 420, at page 422, 6 S.E.2d 189, at page 190, supra: "There must be a causal connection between the employment and the injury, and the injury must be the rational consequence of some hazard connected with the employment.' (Italics ours.) The danger to which the employee is exposed may originate either from the employment or outside of it, if the exposure is peculiar to it. Corpus Juris, Workmen's Compensation Acts, 74, § 65. 1 Honnold's Workmen's Compensation Law, 320, § 101; 1 Schneider's Workmen's Compensation Law, 737, § 262.'
4. In this case, it is not...
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Cartersville City Sch. v. Johnson
...340-41, 606 S.E.2d 567 ; Davis v. Houston Gen. Ins. Co. , 141 Ga. App. 385, 386, 233 S.E.2d 479 (1977) ; Borden Foods Co. v. Dorsey , 112 Ga. App. 838, 839 (3), 146 S.E.2d 532 (1965).6 But where the Appellate Division erred, due in large part to the quagmire in this area of the law, is in i......
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Chaparral Boats, Inc. v. Heath, A04A0981.
...Id. at 541, 568 S.E.2d 827. In support of this finding, the superior court in Johnson cited the cases of Borden Foods Co. v. Dorsey, 112 Ga.App. 838, 146 S.E.2d 532 (1965) and Prudential Bank v. Moore, 219 Ga.App. 847, 467 S.E.2d 7 In Borden Foods, evidence showed that, while the employee w......
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...the Board's decision that Johnson's injury was compensable, the superior court found two cases dispositive: Borden Foods Co. v. Dorsey, 112 Ga.App. 838, 146 S.E.2d 532 (1965), and Prudential Bank v. Moore, 219 Ga.App. 847, 467 S.E.2d 7 (1996). It further As [with] the claimant in Borden Foo......
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...cases in other jurisdictions which have also denied compensation for idiopathic falls on level floors. Borden Foods Company v. Dorsey (1965), 112 Ga.App. 838, 146 S.E.2d 532; Prince v. Industrial Comm. (1959), 15 Ill.2d 607, 155 N.E.2d 552; Riley v. Oxford Paper Company (1954), 149 Me. 418,......
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...34-9-1(4) (Supp. 1996). See also Wood v. Aetna Casualty & Sur. Co., 116 Ga. App. 284, 157 S.E.2d 60 (1967); Borden Foods Co. v. Dorsey, 112 Ga. App. 838, 146 S.E.2d 532 (1965). 93. See, e.g., United States Casualty Co. v. Richardson, 75 Ga. App. 496, 499, 43 S.E.2d 793, 795 (1947). 94. 219 ......
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...S.E.2d at 228. 176. 256 Ga. App. 540, 568 S.E.2d 827 (2002). 177. Id. at 541-42, 568 S.E.2d at 828-29; see Borden Foods Co. v. Dorsey, 112 Ga. App. 838, 146 S.E.2d 532 (1965). 178. 256 Ga. App. at 541-42, 568 S.E.2d at 828-29; see Nat'l Fire Ins. Co. v. Edwards, 152 Ga. App. 566, 263 S.E.2d......