Handcrafted Furniture, Inc. v. Black
Decision Date | 11 March 1987 |
Docket Number | No. 73583,73583 |
Citation | 182 Ga.App. 115,354 S.E.2d 696 |
Parties | HANDCRAFTED FURNITURE, INC. et al. v. BLACK et al. |
Court | Georgia Court of Appeals |
Robert P. Hein, Atlanta, for appellants.
Michael R. Eddings, Calhoun, Renzo S. Wiggins, Ringgold, for appellees.
Workers' compensation. Defendants, employer Handcrafted Furniture, Inc. and its insurer, International Indemnity Company, bring this appeal from the superior court's affirmance of the board's award of benefits to claimants, all survivors of the deceased employee, Sherman Black. The administrative law judge (ALJ) made the following findings of fact and conclusions of law, which were adopted by the board:
1. Defendant's first enumeration of error asserts that Sherman Black's death was caused by the willful acts of Allan Aylsworth for personal reasons and thus was non-compensable within the meaning of OCGA § 34-9-1(4). We find this issue controlled adversely to defendants by the holding in State of Ga. v. Purmort, 143 Ga.App. 269(1), 238 S.E.2d 268 (1977): (Citations and punctuation omitted.) Accord Commercial Constr. Co. v. Caldwell, 111 Ga.App. 1, 140 S.E.2d 298 (1965); McLaughlin v. Thompson, Boland & Lee, 72 Ga.App. 564(3), 34 S.E.2d 562 (1945); Muscott v. Janice Stores Corp., 6 A.D.2d 921, 175 N.Y.S.2d 746 (1958). Compare Murphy v. ARA Svcs., 164 Ga.App. 859, 298 S.E.2d 528 (1982); Lanier v. Brown Bros., 44 Ga.App. 831, 163 S.E. 263 (1932).
2. Defendant's second enumeration cites as error the ALJ's excluding or limiting testimony of witnesses concerning statements made by Allan Aylsworth since such testimony was admissible as original evidence to prove Aylsworth's motive for murdering Sherman Black. See OCGA § 24-3-2. The ALJ found that such testimony "amounted to little more than gossip."
The ALJ and full board Howard Sheppard, Inc. v. McGowan, 137 Ga.App. 408, 411, 224 S.E.2d 65 (1976). Upon review of the record in ...
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...interest, and their personal credibility so far as the same legitimately appears from the trial.' [Cit.]" Handcrafted Furniture v. Black, 182 Ga.App. 115, 117, 354 S.E.2d 696 (1987). It follows that the superior court erred in substituting its findings of fact for those of the Full Board so......
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