Georgia Cas. & Sur. Co. v. Brawley

• Decision Date: 19 September 1975
• Docket Number: No. 2,No. 50951,50951,2
• Citation: Georgia Cas. & Sur. Co. v. Brawley, 219 S.E.2d 176, 135 Ga.App. 763 (Ga. App. 1975)
• Parties: GEORGIA CASUALTY & SURETY COMPANY et al. v. Do-Thi Huong Lan BRAWLEY et al
• Court: Georgia Court of Appeals

Page 176

219 S.E.2d 176

135 Ga.App. 763

GEORGIA CASUALTY & SURETY COMPANY et al. v. Do-Thi Huong Lan BRAWLEY et al.

No. 50951.

Court of Appeals of Georgia, Division No. 2.

Sept. 19, 1975.

Swift, Currie, McGhee & Hiers, George C. Reid, James B. Hiers, Jr., Atlanta, for appellants.

Bobby C. Milam, Herman J. Spence, Oliver Harris Doss, Jr., Blue Ridge, for appellees.

PANNELL, Presiding Judge.

This is an appeal from the judgment of the Superior Court affirming an award favorable to a claimant in a workmen's compensation case. The Deputy Director, and the Board on review found that the claimant's deceased husband was an employee rather than an independent contractor; and further, that the deceased husband was insured by the employer as an employee, and concluded therefrom that both the employer and the insurer were estopped to deny the deceased husband's status as an employee under the Workmen's Compensation Act. Held:

Whether or not the evidence and the findings of fact were sufficient to support the holding that the deceased husband was an employee, we do not decide; this for the reason that the evidence being sufficient to support the finding that the employer had carried Workmen's Compensation insurance on the deceased husband and that because thereof the employer and the insurer were estopped to deny he was an employee under the Workmen's Compensation Act, the award was authorized. See Code § 114- 607; General Accident, etc., Assurance Corp. v. John P....