Georgia Bldg. Authority v. Stroup, 54424

• Decision Date: 12 January 1978
• Docket Number: No. 2,No. 54424,54424,2
• Citation: 241 S.E.2d 630,144 Ga.App. 522
• Parties: GEORGIA BUILDING AUTHORITY et al. v. G. L. STROUP
• Court: Georgia Court of Appeals

Page 630

241 S.E.2d 630

144 Ga.App. 522

GEORGIA BUILDING AUTHORITY et al. v. G. L. STROUP.

No. 54424.

Court of Appeals of Georgia, Division No. 2.

Jan. 12, 1978.

Arthur K. Bolton, Atty. Gen., G. Thomas Davis, Sp. Asst. Atty. Gen., Atlanta, for appellants.

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

QUILLIAN, Presiding Judge.

In this Workmen's Compensation appeal, upon consideration of the record we hold that the findings of the Administrative Law Judge, with regard to whether claimant's heart problem was a compensable injury, are not without any evidence to sustain them. In a situation of this sort, "The fact-finding body must . . . remain the final arbiter of the compensability of the attack, and of whether the disability arose out of the employment as well as in the course of it." Cox v. Employers Mutual Liability Ins. Co., 122 Ga.App. 659, 660-61, 178 S.E.2d 287, 288. See City Council of Augusta v. Williams, 137 Ga.App. 177, 178, 223 S.E.2d 227; Thomas v. United States Cas. Co., 218 Ga. 493, 128 S.E.2d 749.

As stated in Brown Transport Corp. v. Blanchard et al., 126 Ga.App. 333, 334, 190 S.E.2d 625, 626, in a heart attack case the trier of fact must determine "whether the evidence points to a the performance of the work as a contributing proximate cause . . . And where he concludes either way, if there is any evidence to support the finding, it cannot be set aside on appeal." Moreover, on appeal the evidence will be construed in a light most favorable to the party prevailing before the Workmen's Compensation Board. Walker v. Continental Ins. Co., 142 Ga.App. 115, 119, 235 S.E.2d 389; Maryland Cas. Co. v. Jenkins, 143 Ga.App. 192, 193, 237 S.E.2d 664.

Hence, the judgment of the lower court affirming the award of compensation must be affirmed.

Judgment affirmed.

SHULMAN and BANKE, JJ., concur.