Cook v. Georgia Dept. of Revenue, 37774
| Decision Date | 14 September 1959 |
| Docket Number | No. 1,No. 37774,37774,1 |
| Citation | 110 S.E.2d 552,100 Ga.App. 172 |
| Parties | COOK v. GEORGIA DEPARTMENT OF REVENUE |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
The State Board of Workmen's Compensation has no authority to arbitrarily reject competent evidence.
Mrs. Viola A. Cook filed a claim with the State Board of Workmen's Compensation in which she sought to recover compensation because of the death of her husband who died as the result of a coronary occlusion. The single director hearing the claim denied compensation as did the full board on appeal. The Superior Court of Taylor County affirmed the award of the full board denying compensation and it is to this judgment that the claimant now excepts.
Byrd & Quillian, J. Kelley Quillian, Atlanta, Alfred Fears, Jackson, for plaintiff in error.
Eugene Cook, Atty. Gen., John L. York, Asst. Atty. Gen., for defendant in error.
The uncontradicted evidence on the hearing showed that the claimant's husband died as the result of a coronary occlusion, that he had been an employee of the Georgia Department of Revenue as an enforcement officer and was such an employee at the time of this death, that he had worked until the wee hours of the morning on October 5, 1957, that he got up on this morning at about 6 or 6:30, ate a normal breakfast, got in his automobile at about 7:30 and drove about twelve miles, from his home to the police station in Butler, Georgia, parked his automobile and walked to the police station to meet his partner, that after waiting for his partner a few minutes he informed the chief of police that he wasn't feeling good and was going to sit in his automobile, that about five minutes later he stuck his head out of his car door and asked the police chief to tell his partner that he was sick and was going home, and that after receiving medical attention at intervals during the remainder of the day he died as a result of the coronary occlusion.
The single director found that the initial attack occurred while the deceased was in the police station in Butler, Georgia and that no medical opinion evidence was presented that the exertion on the part of the deceased was a contributing factor in such attack because: 'All [medical] testimony elicited on that point was based upon facts given to the doctors which included references to the initial attack having been suffered between the employee's home and Butler, Georgia.'
It is well settled that where there is competent evidence to authorize an award of the State Board of Workmen's Compensation though such award is based on an erroneous theory it will...
To continue reading
Request your trial
-
Hartford Acc. & Indem. Co. v. Trigg
...require the arbitrary rejection of undisputed and unimpeached evidence. This cannot be done by the board. Cook v. Georgia Department of Revenue, 100 Ga.App. 172, 110 S.E.2d 552. We reverse with direction to the superior court to remand this case to the board for proceedings consistent with ......
-
Madron v. Green Giant Co.
...evidence in making its determination. 3 Larson's Workmen's Compensation Law, § 80.20, pp. 278-80, 1971. See Cook v. Georgia Dept. of Revenue, 100 Ga.App. 172, 110 S.E.2d 552 (1959). The board must weigh all the competent evidence and make its findings according to its assessment of the prep......
-
Callaway Mills Co. v. Hurley
...Ga.App. 149, 12 S.E.2d 413), but the board cannot ignore or arbitrarily reject unimpeached medical testimony. Cook v. Georgia Department of Revenue, 100 Ga.App. 172, 110 S.E.2d 552; Crawford W. Long Hosp. v. Mitchell, 100 Ga.App. 276, 111 S.E.2d Two physicians testified at the second hearin......
-
Medley v. Hartford Acc. & Indem. Co.
...expert, and the rating was based solely upon the testimony of another medical expert. Held: 1. While as held in Cook v. Georgia Dept. of Revenue, 100 Ga.App. 172, 110 S.E.2d 552, and American Casualty Co. v. Wilson, 99 Ga.App. 219, 221, 108 S.E.2d 137, it is well settled that the board cann......