Carroll v. Mission Ins. Co., 56399

Decision Date21 September 1978
Docket NumberNo. 56399,56399
Citation248 S.E.2d 542,147 Ga.App. 262
PartiesCARROLL v. MISSION INSURANCE COMPANY et al.
CourtGeorgia Court of Appeals

George & George, Lavinia B. George, Forest Park, for appellant.

Savell, Williams, Cox & Angel, Lawson A. Cox, II, John C. Parker, Atlanta, for appellees.

WEBB, Judge.

The administrative law judge in this workman's compensation case, after an all issues hearing, held that the claimant had not carried his burden of proving that his disability had been proximately caused by the March 23 and October 5, 1976 injuries at Southern Foundry Supply. The full board on appeal affirmed, and adopted the ALJ's findings and conclusions. The superior court affirmed the board's conclusions, finding there was ample evidence in the record to support the award. We affirm.

The board having made a factual finding that the claimant had not carried his burden of proving that his disability was proximately caused by the March and October, 1976 injuries, the issue before us is simply whether there is any evidence in the record to support the board's findings and award. We conclude that there was. Lockhart v. Liberty Mut. Ins. Co., 141 Ga.App. 476, 478(1), 233 S.E.2d 810 (1977). The board is the factfinder, and its findings here must be affirmed under the "any evidence" rule. Utica Mut. Ins. Co. v. Jones, 142 Ga.App. 548, 236 S.E.2d 531 (1977).

Judgment affirmed.

QUILLIAN, P. J., and McMURRAY, J., concur.

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4 cases
  • Hartford Ins. Group v. Voyles, 56804
    • United States
    • Georgia Court of Appeals
    • May 8, 1979
    ...an independent contractor, inasmuch as the findings of the board must be affirmed under the "any evidence" rule. Carroll v. Mission Ins. Co., 147 Ga.App. 262, 248 S.E.2d 542. Code § 114-607 would apply where an insurer issues to an employer subject to this title a policy of compensation ins......
  • Seckinger & Co. v. Foreman
    • United States
    • Georgia Supreme Court
    • April 24, 1984
    ...be a joint venture. Thus the evidence authorized the finding against Seckinger that it was a joint venture. Carroll v. Mission Ins. Co., 147 Ga.App. 262, 263, 248 S.E.2d 542 (1978). 2. In Boatman v. Geo. Hyman Construction Co., 157 Ga.App. 120, 123, 276 S.E.2d 272 (1981), a tort suit involv......
  • Hardee v. Pennsylvania Nat. Mut. Cas. Ins. Co.
    • United States
    • Georgia Court of Appeals
    • November 20, 1978
    ...to claimants as well as to employers. Kissel v. Aetna Cas. etc. Co., 136 Ga.App. 504, 221 S.E.2d 645 (1975); Carroll v. Mission Ins. Co., 147 Ga.App. 262, 248 S.E.2d 542 (1978). Judgment QUILLIAN, P. J., and McMURRAY, J., concur. ...
  • Shears v. State, s. 56299
    • United States
    • Georgia Court of Appeals
    • September 21, 1978

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