Georgia Cas. & Sur. Co. v. Bloodworth, s. 44536

• Decision Date: 02 September 1969
• Docket Number: 44559,No. 2,Nos. 44536,s. 44536,2
• Court: Georgia Court of Appeals
• Parties: GEORGIA CASUALTY & SURETY COMPANY et al. v. J. E. BLOODWORTH et al. J. E. BLOODWORTH et al. v. GEORGIA CASUALTY & SURETY COMPANY et al

Page 433

170 S.E.2d 433

120 Ga.App. 313

GEORGIA CASUALTY & SURETY COMPANY et al. v. J. E. BLOODWORTH et al.

J. E. BLOODWORTH et al. v. GEORGIA CASUALTY & SURETY COMPANY et al.

Nos. 44536, 44559.

Court of Appeals of Georgia, Division No. 2.

Sept. 2, 1969.

Rehearing Denied Sept. 18, 1969.

Certiorari Denied Nov. 12, 1969.

Quillian & Quillian, Alfred A. Quillian, Winder, for appellants.

Glenville Haldi, Atlanta, for appellee.

Syllabus Opinion by the Court

BELL, Presiding Judge.

1. The employer and insurance carrier in this workmen's compensation case took this appeal from the judgment of the superior court remanding the case to the board for additional findings of fact. The court's order had the effect of setting aside the award denying compensation and since it did not purport to retain jurisdiction of the case, it was a final appealable judgment. American Mut. Liab. Ins. Co. v. Kent, 197 Ga. 733, 30 S.E.2d 599; General Motors Corp. v. Martin, 119 Ga.App. 279(1), 167 S.E.2d 211. Cf. Martin v. General Motors Corp., 224 Ga. 677, 164 S.E.2d 107. The claimant's motion to dismiss the appeal is denied.

2. Claimant, designating herself as Mrs. James Bloodworth, sought compensation as the widow of the deceased employee, James Bloodworth. The evidence showed that in January 1955 claimant entered into a ceremonial marriage with James Helm, who left her in August 1955. In October 1956, he filed a petition for divorce, which was served on claimant in November. There were no further docket entries or proceedings in the divorce action, and it was still pending at the time of the employee's injury and death. Claimant testified that she had not seen or heard from Helm since the proceedings began, that she believed the divorce had been completed, and that she and the employee had lived together thereafter for a period of eight years and were living together and holding themselves out as man and wife at the time of his injury and death. There was evidence that claimant and the employee had purchased a house in the names of James Bloodworth and Ruby Bloodworth, but that she still carried her bank account and her automobile registration in th name of Ruby Helm. The employee's married daughter testified that neither the employee nor claimant had represented to her that they were man and wife and that on one occasion the claimant admonished the daughter not to call claimant Ruby Bloodworth, stating, 'Ruby Helm is what I go by.'

One who has been absent from his accustomed place of abode, unheard from for seven years is presumed to be dead, and in the absence of proof of the contrary his death is presumed to have occurred at the end of the seven-year period. Payne v. Home Savings Bank, 193 Ga. 406, 407, 18 S.E.2d 770, 140 A.L.R. 1397; Code § 38-118. This presumption operates in favor of the...