Georgia Power Co. v. McCook

• Decision Date: 20 December 1933
• Docket Number: 23182.
• Citation: 172 S.E. 78,48 Ga.App. 138
• Parties: GEORGIA POWER CO. v. McCOOK.
• Court: Georgia Court of Appeals

172 S.E. 78

48 Ga.App. 138

GEORGIA POWER CO. v. McCOOK.

No. 23182.

Court of Appeals of Georgia, Second Division

December 20, 1933

Syllabus by Editorial Staff.

Compensation is computed on basis of regular wage, without reference to average wages or average weekly wages (Laws 1920, p. 167, § 2 (c), as amended by Laws 1922, p. 186, § 1; Laws 1920, p. 183 §§ 30, 31).

Compensation for death of employee held computable on basis of his wage of $32.80 per week, notwithstanding employee worked only two weeks out of every four (Laws 1920, p. 167, § 2 (c) as amended by Laws 1922, p. 186, § 1; Laws 1920, p. 183, §§ 30, 31).

Error from Superior Court, Fulton County; Virlyn B. Moore, Judge.

Proceeding under the Workmen's Compensation Act by Ethel McCook, for the death of her husband, opposed by the Georgia Power Company, employer. To review a judgment of the superior court sustaining an award of the Department of Industrial Relations in favor of claimant, the employer appeals.

Affirmed.

Colquitt Parker, Troutman & Arkwright and Robt. S. Sams, all of Atlanta, for plaintiff in error.

George G. Allen, of Toccoa, for defendant in error.

Syllabus OPINION.

SUTTON Judge.

This case arose by reason of an appeal by the employer from an award of the Department of Industrial Relations in favor of the widow of an employee, whose death resulted from an accident arising out of and in the course of his employment. Claimant's husband was a regular employee of the Georgia Power Company working two weeks and then being laid off for two weeks and returning to work for two more weeks. The employer adopted this method of working employees of the class of claimant's husband in order to keep all its employees employed. At the time of his death claimant's husband was receiving a regular weekly wage of $32.80. For the two weeks during each four that he did not work, claimant's husband did not receive any wage. The claimant contended that she was entitled to compensation based on the amount of wages her husband was receiving on the day of the injury which resulted in his death, and the employer claimed that she was only entitled to compensation based on one-half of the amount of such wages, in that the two weeks during which the employee did not work should be considered with the two weeks which he did work in determining his regular wages. The single commissioner found in favor of the claimant, and on review by the full commission this finding was upheld. On appeal to the superior court, the award of the commission was affirmed, and to this judgment the employer excepts. Held:

1. "The compensation of an injured person shall be computed on the basis of the regular wage received by the employee on the date of the accident." Section 2(c), Workmen's Compensation Law, as amended by Ga. Laws 1922, pp. 185, 186, § 1, Michie's Code 1926, § 3154 (2) (c).

2. Under the ruling of this court...