Hembree v. Chevrolet Motor Division, General Motors Corp.

• Decision Date: 26 June 1963
• Docket Number: No. 40202,No. 3,40202,3
• Citation: 108 Ga.App. 113,131 S.E.2d 859
• Parties: W. L. HEMBREE v. CHEVROLET MOTOR DIVISION, GENERAL MOTORS CORP
• Court: Georgia Court of Appeals

Page 859

131 S.E.2d 859

108 Ga.App. 113

W. L. HEMBREE v. CHEVROLET MOTOR DIVISION, GENERAL MOTORS CORP.

No. 40202.

Court of Appeals of Georgia, Division No. 3.

June 26, 1963.

Claimant testified that on or about August 20, 1961, he fell while at work, injuring his back and arm; that shortly after the fall he became dizzy and couldn't see; that he was relieved from his job so that he could go to first aid. The first aid records indicated that he complained of an upset stomach. Claimant further testified that he went to see Dr. Floyd Morgan shortly thereafter and told him that he fell and hurt his back. He also testified that he told Dr. Marvin Mitchell that he had hurt his back at the employer's plant. The doctors testified that plaintiff made no such statements to them. The evidence showed that the claimant had suffered from a back and arm ailment for some time, and that these ailments could be caused by disease as well as traumatic injury, and that if the defendant had a fall and suffered a traumatic injury this could have aggravated the condition of his arm and back. The single director made the following findings: 'I find as a matter of fact from the evidence claimant has not shown that any disability he now suffers is the result of an alleged fall he suffered on or about August 29, 1961. I find further the condition for which claimant sought attention on September 5, 1961, was for a stomach ailment, not an injury. That neither doctor who testified was apprised of an accident and injury, nor is there evidence of treatment for a back injury. Neither doctor would testify that the disability existing in claimant's arm was the result of accident. I therefore find the evidence does not support claimant's contention of disability resulting from an accident and injury and compensation is denied.' On appeal to the full board, the full board affirmed the findings of the single director and on appeal to the superior court, the findings of the full board were affirmed. The case is before this court on appeal from the superior court.

Rich, Bass & Kidd, Charles T. Bass, Atlanta, for plaintiff in error.

King & Spaulding, William H. Izlar, Jr., Atlanta, for defendant in error.

Syllabus Opinion by the Court

CARLISLE, Presiding Judge.

1. 'In the absence of fraud, findings of fact made by the director and approved on appeal by the full board are binding on the courts if there is any evidence to support them; and, where no error of law appears, such findings will not be disturbed on appeal.' Fleming v. Fidelity & Cas. Co. of New York et al., 89 Ga.App. 405(1), 79 S.E.2d 407. Garrett v. Employers Mutual Life Ins. Co., 105 Ga.App. 308(1), 124 S.E.2d 450. The evidence authorized the finding that the claimant suffered no injury and disability by reason of his alleged fall.

2. At the hearing, the record was left open 30 days for the purpose of completing medical testimony, and the depositions of Dr. Marvin A. Mitchell, entitled in the cause, were taken in behalf of claimant after the hearing under the...