Cotton States Ins. Co. v. Bates

• Decision Date: 12 November 1976
• Docket Number: No. 2,No. 52818,52818,2
• Citation: 140 Ga.App. 428,231 S.E.2d 445
• Parties: COTTON STATES INSURANCE COMPANY et al. v. D. D. BATES
• Court: Georgia Court of Appeals

Page 445

231 S.E.2d 445

140 Ga.App. 428

COTTON STATES INSURANCE COMPANY et al. v. D. D. BATES.

No. 52818.

Court of Appeals of Georgia, Division No. 2.

Nov. 12, 1976.

Swift, Currie, McGhee & Hiers, Charles L. Drew, Atlanta, for appellants.

E. Carl Prince, Jr., Carrollton, for appellee.

QUILLIAN, Presiding Judge.

The State Board of Workmen's Compensation approved a 'Standard Form' agreement as to compensation between the claimant, appellee here, and the employer, appellant here. Within 30 days of the approval thereof the appellant filed a motion that the agreement be set aside because it was entered into through a mistake of fact on its part. The Board in response to the motion vacated its order approving the 'Standard Form' agreement as to compensation. The matter was then set for a hearing and subsequent thereto the Board reinstated the approval of the agreement. This award was affirmed by the Superior Court and the case is here for review. Held:

The State Board of Workmen's Compensation was without authority to vacate its original order which approved the 'Standard Form agreement as to compensation.' As was stated in Robinson v. Zurich Ins. Co., 131 Ga.App. 795, 796, 207 S.E.2d 209: 'The Board of Workmen's Compensation is an administrative body and it possesses only the jurisdiction, power, and authority granted to it by the legislature. Simpson v. Liberty Mut. Ins. Co., 99 Ga.App. 629, 633, 109 S.E.2d 876; St. Paul Fire, etc., Ins. Co. v. Bridges, 106 Ga.App. 621, 127 S.E.2d 699. Where the parties' agreement has been approved by the board, the board is without authority to vacate, set aside, or modify, a prior final award in the absence of a change of condition. St. Paul Fire, etc., Ins. Co. v. Bridges, supra.'

It should also be noted that this same rule of law was applied in St. Paul Fire & Marine Ins. Co. v. Bridges, 106 Ga.App. 621, 127 S.E.2d 699, where it was held that the agreement may not be vacated even if the motion to do so is made within 30 days from the date the agreement was approved. Therefore, the order of the State Board of Workmen's Compensation vacating the original approval of the agreement as to compensation was void.

As has been stated previously by this court the only remedy for a person who contends that an agreement was entered into through fraud, accident or mistake is in a court of equity.

The appellant contends that the 1975 amendment to Code § 114-708 (Ga.L.1963, pp. 141, 156; 1975, pp. 198, 208) confers authority upon the Board to vacate its original award and deny compensation. With this...