Georgia Forestry Commission v. Wilson, 44509

• Decision Date: 13 June 1969
• Docket Number: No. 44509,No. 2,44509,2
• Citation: 119 Ga.App. 795,168 S.E.2d 790
• Parties: GEORGIA FORESTRY COMMISSION v. R. L. WILSON
• Court: Georgia Court of Appeals

Page 790

168 S.E.2d 790

119 Ga.App. 795

GEORGIA FORESTRY COMMISSION v. R. L. WILSON.

No. 44509.

Court of Appeals of Georgia, Division No. 2.

June 13, 1969.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Alfred L. Evans, Jr., Don L. Hartman, Asst. Attys. Gen., Atlanta, for appellant.

Mitchell & Mitchell, Warren N. Coppedge, Jr., Dalton, for appellee.

Syllabus Opinion by the Court

EBERHARDT, Judge.

1. Consideration of the appearance and physical condition of claimant at the hearing before a single director was not erroneous. Abbercrombie v. Maryland Cas. Co., 41 Ga.App. 729, 154 S.E. 459; Liberty Mutual Ins. Co. v. Holloway, 58 Ga.App. 542, 199 S.E. 334; Ingram v. Liberty Mutual Ins. Co., 62 Ga.App. 789, 801, 10 S.E.2d 99; Bituminous Cas. Corp. v. Wilbanks, 68 Ga.App. 631, 636, 23 S.E.2d 519; Davis v. Bibb Mfg. Co., 75 Ga.App. 515, 520, 43 S.E.2d 780; American Cas. Co. v. Herron, 100 Ga.App. 661, 122 S.E.2d 160; Reliance Ins. Co. v. Oliver, 117 Ga.App. 466, 469, 160 S.E.2d 615.

2. Aside from any consideration of what the single director may have observed at the hearing before him, and what he may have included in his findings based thereon, there is evidence in the record to support the findings and award. Consequently, although the full board adopted the findings and award of the single director as its own, under the 'any evidence' rule affirmance of the award on appeal to the superior court was proper.

Judgment affirmed.

BELL, P.J., and DEEN, J., concur.