Burdett v. Aetna Life Ins. Co.

• Court: Georgia Court of Appeals
• Writing for the Court: BLOODWORTH, J.
• Citation: Burdett v. Aetna Life Ins. Co., 40 Ga.App. 92, 149 S.E. 55 (Ga. App. 1929)
• Decision Date: 11 June 1929
• Docket Number: 19591.
• Parties: BURDETT v. ÆTNA LIFE INS. CO. et al.

149 S.E. 55

40 Ga.App. 92

BURDETT v. ÆTNA LIFE INS. CO. et al.

No. 19591.

Court of Appeals of Georgia, First Division

June 11, 1929

Rehearing Denied July 9, 1929.

Syllabus by Editorial Sfaff.

Under Workmen's Compensation Act (Laws 1920, p. 167) not providing for introduction of evidence in superior court where compensation is sought for injury and case is on appeal to superior court from award of commission, judgment of superior court must be based on record as transmitted to it by the Industrial Commission.

Under Workmen's Compensation Act (Laws 1920, p. 199, § 59), on review of award by Industrial Commission, findings of fact are, in absence of fraud, conclusive, providing there is any evidence to support award.

Under Workmen's Compensation Act (Laws 1920, p. 199, § 59) award of Industrial Commission stands in court of appeals on same footing as verdict of jury approved by trial judge.

Where there was no appeal to full commission from findings of commissioner in compensation case, and there was some evidence supporting commissioner's finding on each issue of fact submitted to commissioner and commissioner's award was sustained by judge of superior court, award stands in appellate court on same footing as verdict of jury approved by trial judge, under Laws 1920, p. 199, § 59.

Error from Superior Court, Fulton County; E. E. Pomeroy, Judge.

Proceeding under the Workmen's Compensation Act by G. S. Burdett claimant, opposed by the Ætna Life Insurance Company insurer, and others. The award of the commissioner was sustained by the superior court, and claimant brings error. Affirmed.

Broyles, C.J., dissenting.

Sims & Berman, of Atlanta, for plaintiff in error.

Bryan & Middlebrooks, of Atlanta, for defendants in error.

Syllabus OPINION.

BLOODWORTH J.

1. In the Georgia Workmen's Compensation Act (Laws 1920, p. 167) there is no provision for the introduction of evidence in the superior court in a case where compensation is sought for an injury and the case is on appeal to that court from an award of the commission. The judgment of the superior court must be based on the record as transmitted to it by the Industrial Commission.

2. "Upon a review of an award made by the industrial commission under the provisions of the Georgia workmen's compensation act, the commission's findings of fact are, in the absence of fraud, conclusive, provided there is any evidence to support the award. Ga. L. 1920, p. 199 [section 59]. With respect to the sufficiency of the evidence to support it, such an award stands in this court upon the same footing as the verdict of a jury approved by the trial judge in other cases." London Guarantee & Accident Co. v. Shockley, 31 Ga.App. 762 (1), 122 S.E. 99.

The act creating the Georgia Workmen's Compensation Act "makes the finding of the industrial commission upon the facts final and conclusive. The finding of that body upon the...