General Motors Corp. v. Dover, 32295
Decision Date | 08 September 1977 |
Docket Number | No. 32295,32295 |
Citation | 239 Ga. 611,238 S.E.2d 403 |
Parties | GENERAL MOTORS CORPORATION v. Jerry C. DOVER. |
Court | Georgia Supreme Court |
R. Byron Attridge, William A. Clineburg, Jr., King & Spalding, P. Brantley Davis, Atlanta, Frazier F. Hilder, Detroit, Mich., for appellant.
Mundy & Gammage, E. Lamar Gammage, Jr., John M. Strain, Cedartown, for appellee.
The Court of Appeals has certified to us the following questions:
The answer to these questions involves analysis of the cited Code section and cases. Code § 114-415 provides as follows: "Any payments made by the employer to the injured employee during the period of his disability, or to his dependents, which by the terms of this Title were not due and payable when made, may, subject to the approval of the State Board of Workmen's Compensation, be deducted from the amount to be paid as compensation: Provided, that in the case of disability such deductions shall be made by shortening the period during which compensation must be paid and not by reducing the amount of the weekly payments."
As we read the Code section, any payments made by the employer to the injured employee during the period of his disability (or to his dependents) which were not due and payable by the terms of this Title when made, may be deducted, subject to the approval of the Board, from the amount to be paid as compensation. Unlike settlement agreements which require the prior approval of the Board (Code §§ 114-106 and 114-705), under Code § 114-415 it is the deduction, not the contract or the payment, which requires the approval of the Board.
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Southern Bell Tel. and Tel. Co. v. Hodges
...not a weekly benefit and is therefore not entitled to be applied as a credit under Code Ann. § 114-415, supra. General Motors Corporation v. Dover, 239 Ga. 611, 238 S.E.2d 403, relied upon by employer, construed Code § 114-415 (Ga.L.1920, p. 190; 1931, pp. 7, 43) as worded prior to the 1978......
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General Motors Corp. v. Dover, 53420
...amount to be paid as compensation. See in this connection the certified questions answered by the Supreme Court in General Motors Corp. v. Dover, 239 Ga. 611, 238 S.E.2d 403. Accordingly, the judgment must be affirmed with direction to the superior court to remand this matter to the State B......
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Howard by Lee v. Alfrey, 82-8191
...direct payments is a discretionary decision on the part of the ALJ. See Ga.Code Ann. Sec. 114-415 (1981 Supp.); General Motors Corp. v. Dover, 239 Ga. 611, 238 S.E.2d 403 (1977); Sprayberry v. Commercial Union Insurance Co., 140 Ga.App. 758, 232 S.E.2d 211 (1976). 6 Acting within this discr......
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...employee as it permits him to retain benefits to which he was not entitled. See generally Code Ann. § 114-415; General Motors Corp. v. Dover, 239 Ga. 611, 238 S.E.2d 403 (1977) (board has discretion to credit employer-insurer's gratuitous payments to employee to compensation benefits employ......