Fortson v. American Sur. Co.
| Decision Date | 27 September 1955 |
| Docket Number | No. 35796,No. 2,35796,2 |
| Citation | 92 Ga.App. 625,89 S.E.2d 671 |
| Parties | Sam FORTSON, Sr., v. AMERICAN SURETY COMPANY et al |
| Court | Georgia Court of Appeals |
Wm. P. Kennedy, Atlanta, for plaintiff in error.
Jones, Williams, Dorsey & Kane, Hugh Dorsey, Jr., Atlanta, for defendants in error.
Syllabus Opinion by the Court.
1. On appeal to the superior court, the findings of the State Board of Workmen's Compensation within its power shall, in the absence of fraud, be conclusive. Code, § 114-710. The finding of fact of the board, on conflicting evidence, though contrary to the finding made by a single director, is conclusive and binding upon the superior court and upon this court on appeal where there has been no fraud and the board has acted within its power. Fralish v. Royal Indemnity Co., 53 Ga.App. 557, 186 S.E. 567, and citations.
2. 'Upon their own motion before judicial determination or upon the application of any party in interest on the ground of a change in condition, the State Board of Workmen's Compensation may, within two years from the date that the Board is notified of the final payment of claim, review any award or any settlement made between the parties and filed with the Board and, on such review, may make an award ending, diminishing or increasing the compensation previously awarded or agreed upon.' Code Ann.Supp. § 114-709. The prime requisite of a review under this Code section is that there be a change in the employee's physical condition between the time of the review and any award made by the board or any settlement made between the parties and filed with the board, and the burden of establishing such requisite is upon the party claiming the change in condition. Miller v. Hartford Accident & Indemnity Co., 86 Ga.App. 503, 71 S.E.2d 782.
3. Under an application of the foregoing principles of law to the facts of the present case, the superior court did not err in affirming the award of the State Board of Workmen's Compensation denying additional compensation. The claimant's leg was injured as the result of an accident, which arose out of and in the course of his employment on November, 19, 1953, when a stone or stones which he was loading struck him on the leg. Except for one day immediately after the accident, the claimant has not been able to work since that time. By an agreement between the parties, approved by the State Board of Workmen's Compensation on August 19, 1954, the claimant was compensated...
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...was asserted, the burden of establishing this was on the party claiming such change under our former procedure. Fortson v. American Surety Co., 92 Ga.App. 625(2), 89 S.E.2d 671. This was true because the award of the board was res judicata and conclusive until superseded by a new award. Com......
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...asserted, the burden of establishing this was on the party claiming such change under our former procedure. Fortson v. American Surety Co., 92 Ga.App. 625(2), 89 S.E.2d 671 [ (1955) ]. This is true because the award of the board was res judicata and conclusive until superseded by a new awar......
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Borden Foods Co. v. Dorsey
...board has acted within its power. Fralish v. Royal Indemnity Co., 53 Ga.App. 557, 186 S.E. 567, and citations.' Fortson v. American Surety Co., 92 Ga.App. 625(1), 89 S.E.2d 671. 2. Under the foregoing authority an award of the full board denying compensation, made upon review of the award o......
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American Sur. Corp. v. Bush
...the board, and the burden of establishing such requisite is upon the party claiming the change in condition.' Fortson v. American Surety Co., 92 Ga.App. 625(2), 89 S.E.2d 671, 672. 'A change of condition within the rule that after entering an award the Board of Workmen's Compensation may in......