Complete Auto Transit Inc. v. Davis, 38317
| Decision Date | 06 June 1960 |
| Docket Number | No. 1,No. 38317,38317,1 |
| Citation | 115 S.E.2d 482,101 Ga.App. 849 |
| Parties | COMPLETE AUTO TRANSIT, INC. v. R. A. DAVIS |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
An award of the State Board of Workmen's Compensation, whether based on agreement or on evidence adduced at a hearing, is res judicata until a new agreement is entered into between the parties or application is made for a hearing to show a 'change in condition,' or the employer shows a change in condition on a hearing held under Code § 114-706.
(a) Where a claimant, under a previous unreversed award of the State Board of Workmen's Compensation is, as a matter of law, totally incapacitated and entitled to compensation under Code § 114-404 and the employer has ceased to make compensation payments, any hearing requested by the claimant is under Code § 114-706, and the burden of showing a 'change in condition' is on the employer.
On January 27, 1956 Raymond A. Davis and Complete Auto Transit, Inc. entered into an agreement whereby it was stipulated that Davis received a compensable injury, as defined by the Workmen's Compensation Act, on November 14, 1955, and that he was entitled to compensation for a total incapacity to labor until compensation was terminated in accordance with the Workmen's Compensation Act. Such agreement was approved by the Workmen's Compensation Board on February 10, 1956, and, under the record in the present case, compensation was paid by the employer, a selfinsurer, until October 4, 1957. Thereafter, on June 11, 1959 a hearing was held after which it was held in an award by the single director that the claimant was not entitled to compensation as a result of a change in his condition. The claimant appealed to the full board where the award of the single director was, in effect, affirmed. Thereafter, on appeal to the Superior Court of Fulton County the award of the full board was reversed with direction that the case be 'remanded to the State Board of Workmen's Compensation for further hearing and determination in accordance with the law.' The employer now excepts to the judgment of the Superior Court of Fulton County.
John M. Williams, Atlanta, for plaintiff in error.
E. B. Shaw, Essley B. Burdine, Thomas M. Stubbs, Jr., Atlanta, for defendant in error.
The award of the State Board of Workmen's Compensation had the effect of denying the claimant compensation from October 4, 1957, though a previous award based on an agreement, found the claimant 100% incapacitated from a compensable accident and no application for a change in such award was made prior to the request which resulted in the hearing and award in the case sub judice. Under Code § 114-711 where an award is rendered, either on a hearing or on an agreement between the parties, the same is enforceable in the superior courts until a new award based on a change in condition is applied for on behalf of the claimant or the employer, or...
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Cornell-Young (Macon Pre-Stressed Concrete Co.) v. Minter
...This was true because the award of the board was res judicata and conclusive until superseded by a new award. Complete Auto Transit v. Davis, 101 Ga.App. 849, 115 S.E.2d 482; Hartford Accident, etc., Co. v. Webb, 109 Ga.App. 667(1), 137 S.E.2d Now, of course, under the recent law we have si......
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U.S. Fidelity & Guaranty Co. v. Davis
...so to do was at their own peril. City of Hapeville v. Preston, 67 Ga.App. 350, 20 S.E.2d 202. See also Complete Auto Transit, Inc. v. Davis, 101 Ga.App. 849, 115 S.E.2d 482. There was no error in striking the answer on motion and entering up judgment for the unpaid These decisions follow an......
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Georgia Pacific Corp. v. Wilson
...is true because the award of the board was res judicata and conclusive until superseded by a new award. Complete Auto Transit v. Davis, 101 Ga.App. 849, 115 S.E.2d 482 [ (1960) ]; Hartford Accident, etc., Co. v. Webb, 109 Ga.App. 667(1), 137 S.E.2d 362 [ (1964) ]." Cornell-Young, etc. v. Mi......
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Complete Auto Transit, Inc. v. Davis
...of showing that there had been a change in his condition, and that judgment was affirmed by this court. Complete Auto Transit, Inc. v. Davis, 101 Ga.App. 849, 115 S.E.2d 482. Thereafter the case was again considered by the Board under its order of April 29, 1959 for a hearing, and a single ......