Hartford Acc. & Indem. Co. v. Webb
| Decision Date | 20 April 1964 |
| Docket Number | No. 40613,No. 3,40613,3 |
| Court | Georgia Court of Appeals |
| Parties | HARTFORD ACCIDENT & INDEMNITY COMPANY et al. v. Walter WEBB |
Woodruff, Savell, Lane & Williams, John M. Williams, Atlanta, for plaintiffs in error.
John D. Edge, Calhoun, for defendant in error.
Syllabus Opinion by the Court
This is a workmen's compensation case. On July 23, 1959, the claimant injured his back in an accident arising out of and in the course of his employment. The parties entered into an agreement for the payment of compensation for said injuries under which the claimant was to receive compensation in the amount of $30 a week based on an average weekly wage of $56 from and including July 30, 1959, until terminated in accordance with the provisions of the Workmen's Compensation Act. This agreement was approved by the board on October 8, 1959. On the same date, October 8, 1959, the board approved a Supplemental Memorandum of Agreement between the parties which stated that the claimant returned to work on August 31, 1959, at a weekly wage of $56 and that the claimant again became totally disabled on September 4, 1959. This agreement provided that the claimant was to be paid compensation at the rate of $30 a week 'until temporary disability ceases or return to work.' On September 28, 1960, the board received a final settlement receipt which recited that the claimant returned to work on August 29, 1960, at a weekly wage of $56. This receipt was neither approved nor disapproved by the board.
The claimant, while employed by the same employer, on February 2, 1961, injured his right arm in a second accident arising out of and in the course of his employment; and the parties entered into an agreement for the payment of compensation in the amount of $30 per week based on an average weekly wage of $57 from and including February 9, 1961, and to continue until terminated in accordance with the law. This agreement was approved by the board on February 14, 1961. On January 23, 1962, the board issued an award based on a stipulation between the parties which provided for the payment of compensation for a 50.5 percent loss of use of the right arm in the amount of $15.78 per week beginning April 20, 1961, and continuing for 200 weeks. The claimant was granted a lump sum payment of compensation under this award.
On January 23, 1963, a hearing was had on application of the claimant to show a change in condition as to the injury to the claimant's back resulting from the accident suffered by the claimant on July 23, 1959. The full board on review of the award in favor of the employer by the deputy director found: (1) that the liability imposed upon the employer and carrier under the Supplemental Memorandum of Agreement approved by the board on October 8, 1959, was still outstanding since said liability had not been terminated by an award of the board based either on stipulation or a hearing; (2) that the Supplemental Memorandum of Agreement was res adjudicata and the burden of proof was on the employer and carrier to show a change in condition from the facts agreed to and the liability created in said agreement and award; and (3) that the employer and carrier did not show a change in the claimant's condition. The board then entered an award for the claimant, giving credit to the employer for wages paid the claimant and for compensation awarded the claimant for the partial loss of use of his right arm.
This award was affirmed by the Superior Court of Gordon County, and the exception is to that judgment. Held:
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......Davis, 101 Ga.App. 849, 115 S.E.2d 482; Hartford Accident, etc., Co. v. Webb, 109 Ga.App. 667(1), 137 S.E.2d 362. ......
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