General Motors Corp. v. Peeples, 52156
| Decision Date | 20 May 1976 |
| Docket Number | No. 3,No. 52156,52156,3 |
| Parties | GENERAL MOTORS CORPORATION v. K. T. PEEPLES |
| Court | Georgia Court of Appeals |
King & Spalding, Samuel W. Calhoun, Atlanta, for appellant.
Jack Dorsey, Atlanta, for appellee.
Whether the method used by an employee in seeking personal comfort is 'normal and prudent' is a material issue in a workmen's compensation case (Thornton v. Hartford Acc. &c. Co., 198 Ga. 786, 789, 32 S.E.2d 816; McDonald v. State Highway Dept., 127 Ga.App. 171, 174, 176, 192 S.E.2d 919); 1 and where findings as to material issues are not made, the case must be remanded to the board. U.S. Fire Ins. Co. v. Phillips, 120 Ga.App. 51, 169 S.E.2d 665; U.S.F. & G. Co. v. Gentile, 134 Ga.App. 318, 214 S.E.2d 406. Here, as in Noles v. Aragon Mills, 110 Ga.App. 374, 375, 138 S.E.2d 598, 600, '(i)t is ordered that the case be recommitted to the State Board of Workmen's Compensation in order that proper findings of fact may be made on the issues involved,' which shall include findings as to medical expenses and disability.
Judgment reversed with direction.
1 See also 1 Larson, Workmen's Compensation Law § 21.80 et seq.; Monahan v. Hoage, 67 U.S.App.D.C. 174, 90 F.2d 419; Mann v. Glastonbury Knitting Co., 90 Conn. 116, 96 A. 368; Healy's Case, 124 Me. 145, 126 A. 735; Bolden's Case, 235 Mass. 309, 126 N.E. 668; Hunter v. American Steel & Wire Co., 293 Pa. 103, 141 A. 635; Relay v. Continental American Life Ins. Co., 22 N.J.Misc. 347, 39 A.2d 84.
To continue reading
Request your trial
-
Southern Cotton Oil Co., Inc. v. Lockett, 57908
...of fact do not support conclusions of the majority of the board so as to require a remand as in such cases as General Motors Corp. v. Peeples, 138 Ga.App. 705, 227 S.E.2d 472 and Nash v. Trust Co. of Ga., 131 Ga.App. 684, 206 S.E.2d 2. Code Ann. § 114-716(a), supra, requires that within 10 ......
-
Hopkins v. Martin
...[Cit.]" United States Fire Ins. Co. v. Phillips, 120 Ga.App. 51, 53(3), 169 S.E.2d 665 (1969). See also General Motors Corp. v. Peeples, 138 Ga.App. 705, 227 S.E.2d 472 (1976). Judgment reversed with BANKE, P.J., and BENHAM, J., concur. ...
-
Singleton v. State
... ... The evidence authorized the guilty verdict, and the general" grounds of the motion for new trial are without merit ... \xC2" ... ...
-
Ansa Mufflers Corp. v. Law
...Ga.App. 408, 410-411, 224 S.E.2d 65. This is not to say that a claim may never be remanded to the board, e.g., General Motors Corp. v. Peeples, 138 Ga.App. 705, 227 S.E.2d 472, but a remand is not proper when there is some evidence in the record supporting the findings of fact by the ALJ or......