Hansard v. Georgia Power Co.
| Decision Date | 08 March 1962 |
| Docket Number | No. 2,No. 39276,39276,2 |
| Citation | 105 Ga.App. 486,124 S.E.2d 926 |
| Parties | Dixie S. HANSARD v. GEORGIA POWER COMPANY |
| Court | Georgia Court of Appeals |
Walter B. Fincher, Joe Salem, Atlanta, for plaintiff in error.
Smith, Field, Ringel, Martin & Carr, Richard D. Carr, W. Dent Acree, Atlanta, for defendant in error.
Syllabus Opinion by the Court
E. F. Hansard, an employee of Georgia Power Company, while working for his employer, died as a result of a heart attack. His widow filed a claim for compensation under the Workmen's Compensation Law. Compensation was denied. Held:
The mere fact that an employee suffered a fatal heart attack while working for his employer does not, in and of itself, require a finding that the attack was caused by exertion on the part of the employee in the course of his employment. Hoffman v. National Surety Corp., 91 Ga.App. 414, 85 S.E.2d 784; Griffeth v. County of Barrow, 92 Ga.App. 698, 89 S.E.2d 895; Callaway Mills Co. v. Hurley, 100 Ga.App. 781, 112 S.E.2d 320, Id., 104 Ga.App. 811, 123 S.E.2d 7.
'No rule is more firmly established under the workmen's compensation law than that stated in Maryland Casualty Co. v. Hopkins, 71 Ga.App. 175, 177, 30 S.E.2d 357, 358: 'The workmen's compensation act makes the finding of the board upon the facts final and conclusive, and in the absence of fraud such finding cannot be set aside by any court, if there is any competent evidence to support it. [citations] The weight and credit to be given to the testimony of the witnesses and also the conflicts in the evidence were matters for determination by the board. [citations]'' Wilkins v. Employers Mut. Liab. Ins. Co., 101 Ga.App. 467(1), 114 S.E.2d 216.
There is sufficient evidence to support the finding of the State Board of Workmen's Compensation that the employee's duties did not precipitate the heart attack.
The superior court did not err in affirming the award of the State Board of Workmen's Compensation.
Judgment affirmed.
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...does not, by itself, require a finding that the injury was caused or precipitated by his work activities. Hansard v. Georgia Power Co., 105 Ga.App. 486, 124 S.E.2d 926 (1962). We are not called upon in this case to decide whether the natural inference can prevail in a case where there is un......
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...American Cas. Co., 94 Ga.App. 530, 95 S.E.2d 436; Wiley v. Aetna Cas., etc., Co., 98 Ga.App. 241, 104 S.E.2d 377; Hansard v. Georgia Power Co., 105 Ga.App. 486, 124 S.E.2d 926; Wilson v. Aragon Mills, 110 Ga.App. 392, 138 S.E.2d Further, it cannot be successfully contended that the board wa......
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Southwire Co. v. Cato, 39353
...attack was caused by exertion on the part of the employee in the course of his employment. [Cits. omitted]." Hansard v. Georgia Power Co., 105 Ga.App. 486, 124 S.E.2d 926 (1962). A fortiori, a heart attack occurring after work may be caused by conditions unrelated to the employee's In Guye ......
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Cabin Crafts, Inc. v. Pelfrey
...while at work does not require a finding that the attack was caused by exertion in the course of employment. Hansard v. Georgia Power Co., 105 Ga.App. 486, 124 S.E.2d 926. But medical testimony that there is a reasonable probability that such exertion contributed to the attack is sufficient......